Court has adjourned further hearing in the applications filed by the suspended Central Bank of Nigeria Governor, Godwin Emefiele seeking to stop the Federal Government from further remanding or prosecuting him.
Gatekeepers News reports that the Federal High Court sitting in Lagos has adjourned the hearing till Tuesday, August 15.
Emefiele is being charged of illegal possession of a firearm and ammunitions.
Justice Nicholas Oweibo in his ruling said the application which touched on the jurisdiction of the court was priority and would be taken alongside another application filed by the government seeking leave to appeal against the order granting bail to Emefiele.
Counsel for the suspended CBN Governor, Victor Opara (SAN) had told the court that the application was “germane and superior by reason of the persistent, relentless disobedience of the DSS to a clear, direct and potent order of the court on the bail application of his client.”
Opara informed the judge that he had only just been served in court this morning, with the prosecution’s reply to the application seeking to stop the trial of the suspended CBN Governor.
The Counsel, further asked for a short adjournment to enable him reply on points of law to the reply of the Prosecution.
Counsel for the Federal Government, an Assistant Chief State Counsel, Kehinde Fagbemi, however disagreed, on the ground that the prosecution had filed first its application seeking leave to appeal and to stay the proceedings of the court pending appeal.
She urged the court to hear the FG’s application and grant an adjournment for Emefiele’s application.
Fagbemi said, “On the principle of first in time, our motion comes first and it is ripe for hearing. It is trite that any application that seeks to bring life to a case and another that seeks death, that which seeks life should be taken first…
“We urge the court to hear our application today. We are not opposed to an adjournment for them to respond to our reply to their own application.”
After listening to both parties, Justice Oweibo in his ruling said, “The business of the court today is the hearing of the motion of the prosecution. Filing is concluded and it is ripe for hearing. The courts attention has however been drawn to the defendant’s motion.
“Considering the priority of the motion which is in a way challenging the prosecution and the jurisdiction of the court, I shall allow the defence to respond so that both applications will be taken together.”
The court then adjourned to August 15th for hearing of both applications.
