A Federal High Court sitting in Lagos, on Thursday, adjourned until Aug. 15 for hearing of an application seeking to stop prosecution of the suspended Governor of the Central Bank of Nigeria, Godwin Emefiele.
The court will also, on the same day, entertain an application by the federal government seeking to appeal the bail granted Mr. Emefiele by the court on July 25.
Justice Nicholas Oweibo gave the date to enable defence to reply to prosecution’s further counter-affidavit to its application.
The counter-affidavit was served on defence just before Thursday’s proceedings.
Ruling on whether the applications are ripe for hearing, the judge held that, the application of the prosecution had been concluded and was ripe for hearing but that since the defence has not responded to the further counter affidavit served on them in court, it will be best for the applications to be taken jointly in one day.
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Earlier when the case was called, the prosecution counsel, Mrs. Kemi Fagbemi, who is the assistant chief state counsel told the court that they filed a Motion on Notice dated and filed August 3, 2023, and that they had served the defendant/ respondent and the defence had equally responded.
In his response, the defense counsel, Victor Opara SAN, submitted that the prosecution’s application was not ripe for hearing.
Opara said that the defence counter affidavit was challenging the complainant’s application.
Mrs. Fagbemi in her counter reply stated that the defence does not have a right of reply adding that by the principle of priority, the prosecution’s Motion comes first and was ripe for hearing.
She further urged the court to hear their application.
However, Opara asked the court to give them time to reply to the application.
After listening to the argument of both counsels, Justice Oweibo held that the justice of the case will be met if both applications are taken on the same day.
The court then adjourned to August 15 for hearing of both applications.
