Court fixes August 15 to hear FG, Emefiele’s illegal possession of firearm suit

 

The Central Bank of Nigeria (CBN) Governor, Godwin Emefiele, has filed an application with the federal high court in Lagos asking for the criminal charges of alleged illegal gun and ammunition possession brought against him by the federal government to be dropped. The hearing date has been set for Tuesday, August 15, 2023.

The court would hear the federal government’s move to appeal the bail granted to the former CBN governor on the same date, according to Justice Nicholas Oweibo of the Federal High Court in Lagos.

The date was set by Justice Oweibo to allow the defence to respond to the rebuttal affidavit submitted by the prosecution.

In deciding whether the applications were ready for hearing, the judge stated that the prosecution’s application was ready for hearing, but the defense’s application required more time to reply to the additional counter-affidavit filed on them in court.

The court decided that it would be better if the two applications were heard on the same day.

As a result, the judge adjourned the case to August 15 for the hearing of all applications.

Earlier, when the matter was called, the prosecuting counsel, Mrs. K. A. Fagbemi, an Assistant Chief State counsel, informed the court that the prosecution filed a Motion on Notice dated and filed August 3, 2023, and that the motion had been served on the defendant.
In his response the defence counsel Victor Opara, submitted that the prosecution’s application was not ripe for hearing.

He said:” Our conception is that by reason of principle of priority of application, our application is superior, and it is stated in grounds 6 and 7 of our application that by disobedience of clear and direct potent orders of this court, the prosecution cannot be heard by the court.

In his response the defence counsel Victor Opara, submitted that the prosecution’s application was not ripe for hearing.

He said:” Our conception is that by reason of principle of priority of application, our application is superior, and it is stated in grounds 6 and 7 of our application that by disobedience of clear and direct potent orders of this court, the prosecution cannot be heard by the court.

After listening to the submissions of both counsel Justice Oweibo held that the justice of the case will be met if both applications are taken the same day.

Emefiele had in a Motion on Notice dated August 7, 2023, prayed for an order prohibiting the federal government from further prosecuting the instant charge or any other charge against him or seeking any form of indulgence before the court, inclusive of the application to grant leave to appeal against the order granting him bail and other ancillary orders.

He is also praying for an order discharging him from the instant charge which he argued cannot be lawfully prosecuted by the complainant who is in brazen disobedience of subsisting orders of the court made on July 25, 2023.