The embattled former CBN Governor Godwin Emefiele is presently in the dock before a Federal High Court sitting in Lagos on the allegation of Fire arms possession without having a license.
At the beginning of the arraignment before Justice Nicholas Oweibo on Tuesday the Deputy Director of Public Prosecution Mrs Joyce Nebo informed the court of the two counts of charge filed against the defendant.
Emefiele however pleaded not guilty to the charge
Following the plea of the defendant, the defense counsel led by J.B Daodu SAN leading other four senior advocates of Nigeria namely A.T Kehinde SAN, Emeka Ozoani SAN, Victor Opara SAN, and Dr Emeka Obegolo SAN with Several juniors Informed the court of a bail application filed on behalf of the defendant.
But the production told the court that it had not been served.
But when confronted with the enforcement from the office of the Attorney General the prosecution said that no attorney General in the country after the last administration term lapsed.
We have scrutinized even through the agency the defendant is been detained but we could not find any.
I have not set my eye on this application which I am yet to receive and we want to respond to it.
Spirit of comradeship demands that the defense team saw our phone numbers on the charge filed, no call to me even when the details of my team are equally provided in the charge.
With due respect to the court, we are seeking a date to enable us to respond both to the issues of law and the facts contained in the application which I just saw this morning- F.G
The trial judge is presently writing a ruling on the issue of service and the bail application.
In arguing the motion for bail the prosecution said that the court has not given time to counter the motion which we intend to oppose formerly but the court deprived us to do so.
On point of law the deputy director in the Office of Public Prosecution Mrs. Joyce Nebo said that section162 (B&C) of the Administration of criminal justice Act,2015 states that where the defendant is likely to interfere or tamper with exhibit or witnesses to be used in the course of a trial, the court can deny such defendant bail and order accelerated trial.
There is information that the defendant has continued to deposit his international passport to the investigating agency up till now.
The issue of the defendant’s flight risk is before Justice Muazu Abuja and has been given a chance to file an affidavit of facts. This is a fact that the defendant can invade trial and abscond.
As a CBN Governor, he has the power to intimidate his colleagues and prevent trial to go on.
Granting the defendant bail will intimidate the prosecution witnesses who have to come and give evidence and other witnesses the prosecution is lining up for this case.
We like to persuade my lord based on the fact that the defendant will invade his trial.
The defendant had an antecedent to invade trial. – F G
This court can not be persuaded in a vacuum and the eloquent submission of the prosecution can not take the face of the court’s discretion.
The court can place the defendant on no flight risk by depositing his passport with the court and granting the application and admitting the defendant to bail on the most liberal terms and conditions- J. B Daodu SAN.
Justice Oweibo ruled “I find and hold that the prosecution has filed to establish why the defendant should not be granted bail.
Consequently, the defendant is admitted to bail in the sum of 20 million nairas with one surety in like sum.
The surety must be the owner of landed property within the jurisdiction who must not be less than 16 in the Nigerian civil service
The defendant must deposit his international passport to the court.
Case adjourned to 14th of October for trial.
The judge remanded the defendant in prison custody as against the request of the prosecution that the defendant should be remanded in DSS custody for further investigation on another matter that may soon be filed in court.
Following the plea of the defendant the defence counsel led be J.B Daodu SAN leading other four senior advocates of Nigeria namely A.T Kehinde SAN, Emeka Ozoani SAN, Victor Opara SAN and Dr Emeka Obegolo SAN with Several juniors Informed the court of an application for bail filed on behalf of the defendant.
But the prosecution told the court that it had not been served.