Justice Nicholas Oweibo granted bail to Emefiele after listening to the submissions of his counsel, Joseph Daudu (SAN) and the Federal Government’s lawyer, Nkiru Jones-Nebo.
Emefiele’s lawyer, Daudu, in his submission, urged the court to grant him bail on self recognizance or on other liberal terms, pending the hearing and determination of the trial.
Daudu argued that there is no counter affidavit from the Federal Government opposing the bail application.
Besides, he noted that the defendant is a renowned banker and can only stay at his house, and cannot travel anywhere.
Opposing the bail application, counsel for the Federal Government of Nigeria, Nkiru Jones-Nebo, in an oral submission, insisted that the prosecution had not been given time to respond in line with the provisions of fair hearing enshrined in the constitution of the Federal Republic of Nigeria.
She maintained that the offence was contrary to Section 4 of the Firearms Act, 2004, and punishable under Section 27 (1b) of the same Act.
The government’s lawyeralso stated that the prosecution had information that Emefiele’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 submitted.
In his ruling on the bail application, Justice Oweibo rejected the Federal Government’s claim that Emefiele was a flight risk.
He ruled that the government failed to provide any fact to support its claim.
“I find and hold that the prosecution has failed to establish why the defendant should not be granted bail.
“Consequently the defendant is admitted to bail in the sum of 20 million naira with one surety in like sum.
“The surety must be owner of a landed property within the jurisdiction of the court who must not be less than Level 16 in the Nigerian Civil Service.
“The defendant must deposit his international passport to the court”, the Judge ruled.
Justice Oweibo also ordered that Emefiele be remanded 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 by filed in court.
The trial has been fixed for November 14, 2023.
Count one of the charges against Emefiele reads: “That you, Godwin Emefiele, Male, of No. 8 Colorado Street Maitama Abuja, on or about the 15th of June 2023, at No. 3b Iru Close, Ikoyi, Eti Osa Local Government, Lagos State, within the jurisdiction of this Honourable Court, had in your possession one (1) Single Barrel shotgun (JOJEFF MAGNUM 8371) without a licence. You thereby committed an offence contrary to Section 4 of the Firearms Act, Cap. F28 Laws of the Federation 2004, and punishable under Section 27 (1b) of the same Act.”
Count two: “That you, Godwin Emefiele, Male, of No. 8 Colorado Street Maitama Abuja, on or about June 15, 2023, at No. 3b Iru Close, Ikoyi, Eti Osa Local Government, Lagos State, within the jurisdiction of this Honourable Court, had in your possession One Hundred and Twenty-Three (123) Rounds of live ammunition (Cartridges) without a licence You thereby committed an offence contrary to Section 8 of the Firearms Act Cap F28 Laws of the Federation 2004 and punishable under Section 27 (1)(b)(il) of the same Act.”