By Abimbola Ogunnaike
The Federal High Court sitting in Lagos has fixed for hearing an application by the suspended Governor of the Central Bank of Nigeria (CBN), Godwin Emefiele, seeking to stop his trial by the Federal Government through the Department of State Services(DSS).
The court will on Tuesday, 15 August, 2023 also hear an application by the DSS seeking to appeal the N20 million bail granted to Emefiele by the court.
Justice Nicholas Oweibo fixed the date to enable the defence to reply to the prosecution’s further counter-affidavit, which was served on the defence in court just before the Thursday proceedings began.
Oweibo, in his ruling, said though the DSS application was ripe for hearing, Emefiele’s legal team needed to be given the opportunity to reply.
In a fresh Motion on Notice, Emefiele, who has been in the DSS detention since June 10, is urging
His lawyer, Joseph Daudu (SAN), argued that the DSS could not continue to prosecute Emefiele while it had refused to obey the court order admitting him to bail.
“The complainant, having brazenly defied the orders of court made in 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,” Daudu said.
He, therefore, prayed for a court 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.”
Emefiele’s lawyer urged the court to make “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.”