Politics
Court Adjourns Hearing On Emefiele, FG’s Applications
Emefiele is also seeking an order of the court discharging him of all offenses prosecuted by the Government who is in “brazen disobedience” of the subsisting orders of the court granting him bail on July 25, 2023.
Tuesday, August 15, 2023 will be the day fixed by the Federal High Court in Lagos for further hearing in the applications filed by the suspended Governor of the Central Bank of Nigeria (CBN), Godwin Emefiele, stopping the Federal Government for pressing further charges against him on illegal possession of a firearm and ammunitions or on any other charge for that matter.
VerseNews report that this was ruled on Thursday by Justice Nicholas Oweibo.
The judge ruled that the application which touched on the jurisdiction of the court was paramount and would be taken alongside another application filed by the government seeking leave to appeal against the order granting bail to the suspended CBN governor.
During hearing, counsel to the suspended CBN Governor, Victor Opara, a Senior Advocate of Nigeria (SAN) told the court that the application was “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 his client”.
Opara informed the judge that he had only just been served in court this morning, with the prosecution’s reply to the application seeking to stop the trial of the suspended CBN Governor.
To this, Opara asked for a short adjournment to enable him reply on points of law to the reply of the Prosecution.
Meanwhile, counsel, to the FG, an assistant chief state counsel, KA Fagbemi, who disagreed told the court that the prosecution had filed first its application seeking leave to appeal and to stay the proceedings of the court pending appeal.
Fagbemi urged the court to hear the FG’s application and grant an adjournment for Emefiele’s application.
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“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.
After listening to both parties, Justice Oweibo in his ruling said, “The business of the court today is the hearing of the motion of the prosecution. Filing is concluded and it is ripe for hearing. The courts attention has however been drawn to the defendant’s motion.
Considering the priority of the motion which is in a way challenging the prosecution and the jurisdiction of the court, I shall allow the defence to respond so that both applications will be taken together.”
The court then adjourned to August 15, 2023 for hearing of both applications.
This news website had earlier reported that the suspended CBN Governor had August 8 filed an application before the Federal High Court in Lagos to stop the Federal Government from further prosecuting him on the charge of illegal possession of a firearm and ammunitions or on any other charge for that matter.
Emefiele is also seeking an order of the court discharging him of all offenses prosecuted by the Government who is in “brazen disobedience” of the subsisting orders of the court granting him bail on July 25, 2023. And a further order prohibiting the FG from continuing to enjoy any form of indulgence from the courts except and unless it complies with the bail ruling.