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Court hears Emefiele, DSS applications Aug 15

Sandra Nwaokolo
August 11, 2023
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The Federal High Court in Lagos has slated August 15 as the hearing date for an application brought forth by Godwin Emefiele, the suspended Governor of the Central Bank of Nigeria, in a bid to halt his trial initiated by the Federal Government via the Department of State Services (DSS).

Simultaneously, the court will also address an application by the DSS, seeking permission to appeal the N20 million bail previously granted to Emefiele by the court.

Presiding Justice Nicholas Oweibo has designated this date to allow the defence an opportunity to respond to the prosecution’s supplementary counter-affidavit, which was presented to the defence just before the commencement of proceedings on Thursday.

While Justice Oweibo acknowledged that the DSS’s application was ready for deliberation, he emphasized the importance of affording Emefiele’s legal team the chance to provide their response.

In a recent Motion on Notice, Emefiele, who has been held in DSS detention since June 10, implores the court to dismiss the unlawful firearms charges levied against him by the DSS and secure his release.

Represented by his lawyer, Joseph Daudu (SAN), Emefiele contends that it is untenable for the DSS to continue prosecuting him while ignoring the court’s order granting him bail.

Daudu argued, “The complainant, having brazenly defied the orders of the court made on 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.”

In light of this, Daudu has petitioned the court for an order “prohibiting the complainant from further prosecuting the instant charge or any other charge against the applicant or seeking any form of indulgence before the court, inclusive of the application to grant leave to appeal against the order granting the appellant bail and other ancillary orders.”

Furthermore, he has urged the court to issue “an order discharging the defendant/appellant from the instant charge, which cannot be lawfully prosecuted by the complainant who is in brazen disobedience of subsisting orders of the court made on July 25, 2023.”

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