Illegal Possession of Firearms: Court Fixes August 15 to Hear Emefiele, FG’s Applications

*Suspended CBN boss asks court to quash charge

Wale Igbintade

Justice Nicholas Oweibo of the federal High Court in Lagos has fixed Tuesday, August 15, 2023, to hear the application filed by the suspended Governor of the Central Bank of Nigeria (CBN), Godwin Emefiele seeking to quash the criminal charges of alleged illegal gun and ammunition possession brought against him by the federal government.

The court would on same date hear the application filed by the federal government seeking to appeal against the bail granted the former CBN governor.
Justice Oweibo fixed the date to enable the defence reply to the counter affidavit filed by the prosecution.
Ruling on whether the applications were ripe for hearing, the judge held that the application of the prosecution was ripe for hearing but that of the defence needed time to responded to the further counter affidavit served on them in court.

The court held that it would be best for the two applications to be taken jointly in one day.
Consequently, the judge adjourned the matter to August 15, for hearing of all applications.
Earlier, when the case was called, the prosecuting counsel, Mrs. K. A. Fagbemi, an Assistant Chief State counsel told the court that the prosecution filed a Motion on Notice dated and filed August 3, 2023, adding that the motion had been served on the defendant.

In his response the defence counsel Victor Opara, submitted that the prosecution’s application was not ripe for hearing.
He said:” Our conception is that by reason of principle of priority of application, our application is superior, and it is stated in grounds 6 and 7 of our application that by disobedience of clear and direct potent orders of this court, the prosecution cannot be heard by the court.

“The application by virtue of consistency disobedience of this court should not even be allowed to move the applications haven disobeyed the court.”
However, Fagbemi in her reply stated that the defence does not have right of reply, adding that by principle of priority the prosecution’s Motion comes first and was ripe for hearing.

After listening to the submissions of both counsel Justice Oweibo held that the justice of the case will be met if both applications are taken the same day.
Emefiele had in a Motion on Notice dated August 7, 2023, prayed for an order prohibiting the federal government from further prosecuting the instant charge or any other charge against him or seeking any form of indulgence before the court, inclusive of the application to grant leave to appeal against the order granting him bail and other ancillary orders.

He is also praying for an order discharging him from the instant charge which he argued cannot be lawfully prosecuted by the complainant who is in brazen disobedience of subsisting orders of the court made on July 25, 2023.

Emefiele further asked the court for an order to stay further proceedings in the present charge until he exhausts all the remedies available to him in law to compel the government to obey the order of the court admitting him to bail or remanding him in the custody of the Nigerian Correctional Centre until he perfects his bail terms.

The defendant through his lawyers led by Senior Advocate of Nigeria (SAN), Joseph Daudu, had filed the application before the vacation judge, Justice Oweibo who had admitted him to bail after he was arraigned.
The application was filed pursuant to Section 6(6) (a) of the 1999 Constitution (as amended), relevant sections of the Administration of Criminal Justice Act, 2015 and under the inherent powers of the court.

Emefiele further sought for the orders on the ground that until set aside, an order of court remains valid for all intents and purposes.

“That the complainant having brazenly defied the orders of court made in July 25, is in contempt of the proceedings of the court.

“Until the complainant complies with the afore-described subsisting orders of the court, it cannot continue to lawfully prosecute the charge neither can it be afforded any right of audience in any court in Nigeria.”

He also sought to invoke the jurisdiction of the court to enforce its orders so as not to be seen as a toothless bulldog or paper tiger.

The applicant further stated that the processes seek to preserve and protect the efficacy, majesty and integrity of the court as well as the rule of law in our democracy.

Meanwhile, the government in its Motion of Notice, is seeking inter leave to appeal against the ruling of bail on the ground of mixed law and facts and a stay of the order placing him in the custody of the Nigerian Correctional Services.

Emefiele in a counter affidavit in opposition to the Motion on Notice, deposed to by a lawyer, Adeogun Samuel, in the chambers of a member the defendant’s legal team, Victor Opara, stated that contrary to the depositions in the affidavit in support of the complainant/ applicant’s application, the complainant/applicant was served with the summons for bail, filed by counsel on behalf of the defendant/respondent.

The deponent also stated that the complainant’s counsel, the Federal Deputy Director of Public Prosecutions, Nkiru Jones-Nebo, had admitted on record before the court on July 25, 2023, that although the office of the Attorney General was served there was no occupant of the AG’s office hence, they did not see the application.

“That the court rejected the excuse given by the complainant for not filing their counter affidavit in a considered ruling the court directed the applicant to move its application (Summons for bail).

“That the complainant’s Applicant’s application dated August 3, 2023, is grossly incompetent and does not vest this court with jurisdiction to determine same.

“That pursuant to the incompetence of the application an ‘unless you comply with the orders of the court application you can no longer be heard’ has been filed and ought to take precedence to this application for leave to appeal and other ancillary prayers.”

Emefiele was arraigned on July 25, 2023, before the court on two counts bordering on illegal possession of firearms.

But the suspended CBN governor had pleaded not guilty and was granted N20 million bail with one surety in like sum.

However, the security agency has failed to comply with the court order.