The Federal High Court sitting in Lagos, on Thursday, adjourned until August 15, 2023, for the hearing of an application seeking to stop the prosecution of the suspended Governor of the Central Bank of Nigeria (CBN), Godwin Emefiele.
The court will also, on the same day, entertain an application by the Federal Government seeking to appeal the bail granted to Emefiele by the court on July 25.
Justice Nicholas Oweibo gave the date to enable defence to reply to prosecution’s further counter-affidavit.
The counter-affidavit was served on defence before Thursday’s proceedings.
Justice Oweibo held that prosecution’s application was ripe for hearing but defence had yet to respond to the further counter-affidavit served it in court on Thursday.
The judge, therefore, said the two applications would be taken jointly on August 15.
The prosecution counsel, K. A. Fagbemi, had earlier told the court that prosecution’s application filed on August 3 had been served on the defence, which, she said, had responded.
However, the defence counsel, Victor Opara (SAN), stated that the application was not ripe for hearing.
READ ALSO: Emefiele files application to stop DSS from further prosecution
“Our conception is that, by reason of principle of priority of applications, our application is superior,” he said.
Opara alleged that the prosecution had consistently disobeyed the order of the court and should not be allowed to move its application.
Fagbemi then said by the principle of priority, the prosecution’s application came first and was ripe for hearing.
She urged the court to hear the application.
After listening to the arguments, Justice Oweibo held that both applications would be taken on the same day.
The Federal Government, in its application filed on August 3, is seeking leave to appeal against the July 25 ruling by Oweibo in which he granted Emefiele bail.
The Federal Government also asked the court to stay execution of its order remanding Emefiele in the custody of the Nigerian Correctional Service and to make an order remanding him, instead, in the custody of the Department of State Services (DSS).
In his application dated August 7 and filed on August 8, Emefiele is praying the court to stop the Federal Government from further prosecuting him on the charge of illegal possession of a firearm and ammunition or any other charge.
Emefiele’s application is also seeking an order of the court discharging him of all charges brought against him by the government.
He claimed that the government was disobeying a subsisting order of the court granting him bail on July 25 and, therefore, could not lawfully prosecute him.
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