In his alleged gun possession case, the Federal High Court in Lagos on Tuesday granted bail to suspended Central Bank of Nigeria (CBN) Governor Godwin Emefiele.
Emefiele was freed by Justice Nicholas Oweibo on a N20 million bail bond with one surety in the same amount.
He set the trial’s start date for November 14th.
Following the banker’s arraignment and “not guilty” plea to a two-count complaint brought against him by the Federal Ministry of Justice, the judge issued the directive.
He disagreed with the Federal Ministry of Justice deputy director Nkiru Jones-Nebo’s claim that Emefiele should not be released because he posed a flight risk.
The judge determined that the government had not presented any evidence to back up its assertion.
Emefiele, 61, submitted the application through his legal team, which was overseen by Chief Joseph Daudu, SAN, a former NBA president.
The application disputed the claim that Emefiele was discovered on June 15 at No. 3b Ibru Close in Ikoyi, Lagos, in possession of a single-barrel shotgun (JOJEFF MAGNUM 8371) without a permit.
According to the Federal Government, the offense violated Section 4 of the Firearms Act of 2004 and was penalized under Section 27 (1b) of the same Act.
In the second count, the CBN Governor was charged with violating Section 8 of the Firearms Act 2004 and Section 27 (1)(b)(il) of the same Act by possessing 123 rounds of live ammunition (Cartridges) without a license.
But Emefiele disputed the accusation.
He responded, “My Lord, I am not guilty.”
Jones-Nebo disagreed with Dauda’s request for Emefiele’s bail application to be considered, claiming among other things that she had “not been given the bail application.”
She prayed for time to respond to the application, saying, “As I stand here, I have not seen it.”
However, the judge disregarded Jones-Nebo’s argument in a bench decision.
The judge upheld Dauda’s claim that the Federal Government had been served and that a copy of the evidence of service to the AGF’s office was in the court file, opening the door for the hearing on the bail request.
In addition, Dauda had pleaded with the court to consider the bail request and put an end to the DSS’s abuse of his client, who had been arrested.
He stated that tyranny should end after learning that Emefiele had spent 46 days in DSS custody.
In his response to the bail application, Dauda urged the court to release Emefiele on self-recognizance or under other fair conditions.
Nebo, however, challenged the bail, claiming that the defendant could avoid prosecution or use his position as CBN boss to coerce his subordinates and stop the trial from proceeding.
Justice Oweibo rejected the government’s justification. The judge concurred with Dauda that, among other things, the prosecution failed to present any evidence to the court to support its allegations.
He declared: “I find and declare that the prosecution has not proven a case against the defendant’s release on bail.
The defendant is therefore admitted to bail in the amount of N20 million with one surety in the same amount.
The surety must be the owner of a landed property within the court’s jurisdiction and must be a level 16 civil servant in Nigeria.
The defendant is required to leave his passport with the court.
Case postponed until November 14th for trial
In contrast to the prosecution’s request that the defendant be held in DSS custody for additional investigation into a different matter that may shortly be brought in court, the judge remanded the defendant in prison custody.
Emefiele was ordered to delegate his duties to Folashodun Adebisi Shonubi, the deputy governor of the operations directorate, by President Bola Tinubu on June 9.
The DSS declared Emefiele was in their custody for “some investigative reasons” the next day.