September 22, 2023
Godwin Emefiele

Bailable Offence

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Nigerian judge grants former central bank governor bail ruling state security charge of firearm possession was a bailable offence

A Federal High High Court in Lagos the Nigerian commercial capital has granted former Central Bank of Nigeria governor Godwin Emefiele bail in the sum of N20 million, Tuesday.

The judge Nicholas Oweibo, ruled the charges against the defendant were bailable. Joseph Daodu, counsel to the embattled former governor had moved his bail application before the judge.

 Emefiele had earlier pleaded not guilty to two counts of illegal possession of firearms and live ammunition during the hearing. The The State Security Service (SSS) on President Bola Tinubu’s orders had arrested Emefiele at his home in Lagos on 10 June and immediately flew him to Abuja to face interrogation.

He was brought before the judge by SSS officers. Daodu, a senior advocate, urged the court to grant bail to his client on self-recognisance or 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,” he told the court.

The deputy director of prosecutions at the office of the attorney general of the federation, Nkiru Jones-Nebo, representing the federal government opposed the application saying that the prosecution had not been given time to respond.

In the spirit of fair hearing enshrined in the constitution, 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 prosecution 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.”

The court rejected the federal government’s claim that it had not received a copy of the bail application filed by Emefiele in his alleged gun possession trial.

The former governor was charged with two counts of illegal firearm and ammunition possession on June 15.

The Nigerian government insists that the possession of a shotgun with permission was an offence contrary to Section 4 of the Firearms Act, 2004, and punishable under Section 27 (1b) of the same Act. While the second count, possession of 123 rounds of live ammunition without a licence, was contrary to Section 8 of the Firearms Act 2004 and punishable under Section 27 (1)(b)(il) of the same Act.

Akowe reports from Lagos

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