High Court sitting in Lagos State, presided by Justice Nicholas Oweibo, has ordered the adjournment of Godwin Emefiele’s case to Tuesday, August 15, 2023.
This is following the clash between Emefiele’s council, Victor Justice and FG’s Council, KA Fagbemi, who had both submitted a fresh application to the court.
Counsel to the suspended CBN Governor, Victor Opara (SAN), prayed the court to first attend to his client’s application as it touched DSS disobedience to court order.
“The application is germane and superior by reason of the persistent, relentless disobedience of the DSS to a clear, direct and potent order of the court on the bail application of my client,” Opara told the honourable court.
As regards FG’s application, Opara insisted that his client only received it this morning and therefore needs time to go through it.
“I ask for a short adjournment to enable me reply on points of law to the reply of the Prosecution.” He requested.
On the other hand, assistant chief state counsel, KA Fagbemi, argued that FG’s application to adjourn Emefiele’s application be granted.
Fagbemi told the court to follow the principle of first come, first serve.
“On the principle of first in time, our motion comes first and it is ripe for hearing. It is trite that any application that seeks to bring life to a case and another that seeks death, that which seeks life should be taken first…
“We urge the court to hear our application today. We are not opposed to an adjournment for them to respond to our reply to their own application,” she said.
Justice Nicholas however noted that both applications were priority as it regards the jurisdiction of the court, and would be treated as such.
Note that Godwin Emefiele, had on Tuesday, 8th August, written to the Federal High Court in Lagos, requesting that both Federal government and the Department of State Services (DSS), allow him enjoy the bail granted to him by the honourable Court, and desist prosecuting him further, over illegal firearms possession.
In the fresh application written by his legal representatives, led by Joseph Dauda (SAN), Emefiele, prayed the court to discharge him of all offenses prosecuted against him by the Government who is in “brazen disobedience of the subsisting orders of the court granting him bail on July 25, 2023,” and also order FG to desist from further prosecuting him, except it complies with the bail ruling.
Directing to the presiding judge, Justice Oweibo, Emefiele, through his legal team, asked Justice Nicholas Oweibo to hold back “further proceedings in the present charge until he exhausts all the remedies available to him in law to compel the government & the DSS 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.”
“Relying on 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 wants the court to stay further proceedings in the current charge until he exhausts all the remedies available to him in law to compel the government and the DSS to obey the order of the court admitting him to bail or remanding him in prison custody until he perfects his bail terms.
“In the application, he is seeking 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 application reads.
Victor Opara (SAN), confirmed that the application was filed on August 8th, and served to FG the next day.
Recall that the Apex bank suspended boss was arrested by the DSS in May, 2023 and was in their custody for a period of one month.
At the court’s order to either charge or release him, Emefiele was charged to court and was judged on July 25th. Following the court’s judgement, Emefiele was released on bail and was ordered to be remanded in custody of the Nigerian Correctional Centre, until the bail conditions are met.
Immediately after the court session ended, DSS re-arrested him on a fresh count charge from another court. A move that caused commotion between the DSS and the NCoS, resulting in heated arguments and an all-out brawl on who gets custody of the embattled Emefiele.
Meanwhile, the DSS had said the rearrest of the suspended apex bank Governor was fully legal as the detention order was from the magistrate court. The secret police said Emefiele was rearrested on the basis of “adequate suspicion of commission of a crime”.
In defense to the accusation of disobeying court order, the DSS through her spokesperson, Peter Afunanya, said;
“The Service had long issued a press statement over the incident that happened at the Court between its staff and those of Nigerian Correctional Service (NCoS) and pledged to investigate it.
“Though the investigation is ongoing, the preliminary findings are quite shocking considering the ignoble roles played by some public officials.
“As normal with criminal investigations, security agencies re-arrest suspects when there is adequate suspicion of commission of a crime or as may be revealed by an ongoing investigation. Emefiele was re-arrested on the basis of this. Even though the re-arrest was tainted by the overzealousness of personnel of the Service and NCoS, it was nonetheless legally procedural.
“Many had gone to town with stories of DSS fragrant disobedience to Court Orders especially in view of the last episodes at the High Courts in Lagos and Abuja.
“With what played out at the Court on 27th July 2023 under Justice (Edward) Okpe, the Service immediately applied and obtained a detention Order from a Magistrate Court. So, Emefiele is legally detained. For reasons that the Emefiele case is subjudice, the Service will restrain from making further comments on the subject matter.
“Whether on Emefiele, Bawa or Kanu, the Service has obeyed judicial orders and handled the cases procedurally and in accordance with the rule of law. Critics are encouraged to be a bit more discerning and up their research capabilities. Doing so will reveal that the Service obeys orders.
“The Court of Appeal judgement on Kanu is recommended for detailed study. Maybe, we can decipher the difference between Discharged and Acquitted and what the use of either or both mean in the final order of a Judge.
“The DSS is an ardent respecter of the law. Anyone may argue this but it is true. It is in this regard that it has applied for either a stay or notice of appeal on some of the matters. One who does not obey the laws will not resort to legal procedures like the DSS has done.”
