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Court Grants Emefiele N20m Bail

todayJuly 25, 2023

Background

 

 

Justice Nicholas Oweibo of a Federal High in Lagos, on Tuesday admitted the suspended Central Bank of Nigeria, (CBN) Governor, Godwin Emefiele to bail in the sum of N20 million.

Emefiele is standing trial on a two-count charge bordering on possession of a single barrel short gun and possession of 123 rounds of live ammunition without licences.

He however, pleaded not guilty to the charge.

After his plea, defence counsel, Mr Joseph Daudu, who led four other senior advocates, informed the court of a bail application filed on behalf of the defendant.

The Defence counsel told the court that same had been served on the prosecution, adding that there is a stamp of the office of the Attorney General as proof.

She added that as her attention had just been drawn to the application in court, she requires time to respond by way of affidavit, since facts have been deposed.

Besides, she noted that since there is no sitting Attorney General of the Federation (AGF) at the moment, the defence could not have effectively served same.

But defence counsel told the court that the prosecutor had no excuse not to proceed today in response of the bail application as same had been duly served on the prosecution’s office.

He argued that the office of the AGF is a creation of statutes and so cannot exist in a vacuum.

In a short ruling the court agreed with the submission of the defence counsel, and urged him to move the defendant’s bail application.

Moving the application, the defence counsel urged the court to admit the defendant to bail as he is not a flight risk being, a reputable former Governor of CBN.

He told the court that the defendant had been kept in custody for long and had lost so much weight and so, requires medical attention.

The Defence counsel also informed the court that the defendant will be available to stand trial adding that assuming the prosecutor had produced a witness, the defence would have been ready to proceed.

In response, the prosecutor informed the court that she opposed the bail application of the defendant as he was a flight risk.

She told the court that the defendant had refused to submit his international passport which indicates such flight risk.

In his rulling, Justice Oweibo agreed with the submission of the defence counsel on the grounds that the offence for which the defendant is charged is bailable.

The court held that bail can only be denied where any of the circumstances set out in section 162 of the Administration of Criminal Justice Act, is established.

The court held that the prosecution has not furnished such circumstances before the court.

The court consequently, granted bail to the defendant in the sum of N20 million with one surety in like sum.

The court held that the surety must depose to an affidavit of means. and have a landed property .

He urged that the defendant be remanded in custody of the correctional service pending perfection of bail conditions.

In the charge, the prosecutor told the court that the defendant who resides at No 8 Colorado street in Maitama Abuja, committed the offence on June 15, at No. 3b Iru close, Ikoyi Lagos.

The Court adjourned hearing to November 14.

 

Garry Ochigbo, Edited By Grace Namiji

Written by: Kevin Nwabueze

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