The suspended CBN Governor, Godwin Emefiele has moved his bail application before Justice Nicholas Oweibo of the federal high court Ikoyi Lagos.
His counsel, Joseph Daodu SAN, urged the court to grant bail on self recognizance or on other liberal terms, pending the hearing and determination of the trial.
“There is no counter affidavit from the federal government, this is an unopposed application. He is a renowned banker and can only stay at his house, he can’t travel anywhere.”
But the federal government in it’s oral response opposed the application saying that it hadn’t been given time to respond, In the spirit of fair hearing enshrined in the constitution. Ms. Jones added that they have information that the defendant’s refusal to hand in his passport suggests his capacity to evade and abscond from his trial.
“As the governor of the CBN, he is a powerful man, and can intimidate the witnesses. Granting him bail will intimidate the prosecutions witnesses who have come forward to give evidence. He can evade trial based on his antecedents. We urge the court to dismiss the bail application.”
Earlier, the Court rejected the Federal Government’s claim that it had not received a copy of the bail application filed by the suspended Central Bank of Nigeria (CBN) Governor, Godwin Emefiele in his alleged gun possession trial.
Justice Nicholas Oweibo held that there was evidence that the government was served.
The bail application was filed by Mr Emefiele’s lawyers led by Joseph Daudu SAN.
Mr Daudu had prayed the court to hear the banker’s application seeking bail on self recognizance, noting that his client had fulfilled all the conditions necessary to make the application ripe for hearing.
He noted further that the proof of service endorsed by the AGF’s office was in the court’s file.
He also urged the court to end the oppression of his client by the Department of State Security (DSS) which arrested him and hear the bail application.
“There should be an end to oppression, he has been in detention for the past 46 days” he said.
But the government’s lawyer, a Deputy Director of Prosecution, N.B. Jones told Justice Nicholas Oweibo that she had “not been given the bail application. As I stand here, I have not set eyes on it.”
Mr Emefiele is standing trial on a two-count charge which accuses him of possessing a single-barrel shotgun (JOJEFF MAGNUM 8371) without a licence on June 15 at Ikoyi.
The Federal Government maintained that the offence was contrary to Section 4 of the Firearms Act, 2004, and punishable under Section 27 (1b) of the same Act.
In the second count, the suspended CBN Governor was accused of having in his possession 123 rounds of live ammunition (Cartridges) without a licence, which was contrary to Section 8 of the Firearms Act 2004 and punishable under Section 27 (1)(b)(il) of the same Act.
He has pleaded not guilty to both counts.
