It was a battle of supremacy between the operatives of Department of State Services and prison officials over who is entitled to the custody of the embattled former CBN governor, Godwin Emefiele.
Shortly after the ruling, DSS operatives strategically positioned their Hilux Pick Up van used to bring Emefiele to court, in a manner suggesting that they wanted to take him back to their detention centre.
This prompted Emefiele’s lead counsel, Joseph Daudu, a Senior Advocate of Nigeria (SAN),and other lawyers to raise an alarm about their client’s planned re-arrest by the secret police.
After the court ruling, the suspended CBN governor holed up inside the courtroom with his lawyers.
However, when the prison officials moved to take Emefiele into custody pending the fulfillment of his bail conditions, the secret police challenged them and it led to a fight.
Amid the clash, Emefiele’s lawyers “reluctantly allowed the DSS to disobey court order and take custody of their client” to avoid a gun battle.
The prison officials then exited the court in their vehicle and the DSS took charge.
Emefiele’s re-arrest occurred on the premises of a Federal High Court in Lagos sitting in Ikoyi after Justice Nicholas Oweibo admitted the embattled and suspended apex bank chief to bail in the sum of the N20m.
The judge also ordered that Emefiele be remanded at the correctional center pending the fulfillment of the bail conditions.
After several legal fireworks by Emefiele’s counsel challenging his prolonged detention by the DSS, the secret police bowed to pressure on July 13, 2023 and announced that the suspended apex bank chief had been charged to court.
Emefiele was brought to court by DSS operatives in a hilux vehicle on Tuesday, July 25, 2023.
Appearing before Justice Oweibo, Emefiele, 61, pleaded “not guilty” to the two counts of illegal possession of firearm and ammunition filed against him by the Federal Government.
In his submissions, Emefiele’s lawyer, Daudu, urged the court to grant bail on self recognizance or on other liberal terms, pending the hearing and determination of the trial.
He said, “There is no counter affidavit from the Federal Government opposing bail. Also, the defendant is a renowned banker and can only stay at his house, he can’t travel anywhere.”
However, counsel for the Federal Government, Nkiru Jones-Nebo, in an oral submission, opposed the bail application, insisting that the prosecution had not been given time to respond in line with the provisions of fair hearing enshrined in the constitution.
She also said that the prosecution had information that the defendant’s refusal to hand in his passport suggested 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,” she argued.
But the court overruled the Federal Government.
The judge also ordered that Emefiele be held at the Ikoyi Correctional Centre, pending the perfection of his bail as against the request of the prosecution that the defendant should be remanded in DSS custody for further investigation on another matter that may soon be filed in court.
The trial has been fixed for November 14, 2023.
