August 10, (THEWILL) – The Federal High Court in Lagos has adjourned hearing in the applications filed by Godwin Emefiele and that filed by the Federal Government, to appeal a bail order earlier granted to the suspended Governor of the Central Bank of Nigeria (CBN).
Justice Nicholas Oweibo, who made this known on Thursday, said the two applications would be heard on Tuesday, August 15.
THEWILL earlier reported that Emefiele had on Tuesday, August 8, through his team of lawyers, led by Joseph Daudu (SAN), filed an application seeking an order of the Court, presided over by Justice Oweibo, to restrained the Federal Government who is in “brazen disobedience” of the subsisting orders of the court granting him bail on July 25, 2023, from prosecuting him of all offences.
Also, the Federal Government had on August 3, sought prayers of the Federal High Court presided by Justice Oweibo, for an appeal against the order granting bail to Emefiele on a two-count charge of illegal possession of firearms and ammunition.
On Thursday, Victor Opara (SAN), counsel to Emefiele told the court that the application filed by Emefiele was “germane and superior by reason of the DSS’s persistent, relentless disobedience to a clear, direct, and potent order of the court on his client’s bail application.”
He told the Court that he only received the Federal Government’s service to stay the bail order granted to Emefiele this Thursday morning (today).
Opara, therefore, requested a brief adjournment to allow him respond to the prosecution’s response on legal concerns.
But, KA Fagbemi, counsel to the Federal Government and assistant chief state counsel, disagreed. She argued that the prosecution had initially filed a motion for leave to appeal and a stay of the court’s proceedings awaiting appeal.
“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, held that “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 court’s attention has, however, been drawn to the defendant’s motion.
“Given the importance of the move, which challenges both the prosecution and the court’s jurisdiction, I will enable the defence to answer so that both motions can be heard simultaneously.”
The court then scheduled a hearing on both applications for August 15th.
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