Nigeria: Emefiele - Court Orders Substituted Service of Bail On DSS

2 August 2023

Justice Nicholas Oweibo of the Federal High Court in Lagos has granted the suspended Central Bank of Nigeria (CBN) governor, Godwin Emefiele, leave to serve on the director-general of the Department of State Services (DSS) Yusuf Magaji Bichi, the court's ruling admitting him to bail through substituted means.

Justice Oweibo specifically granted Emefiele permission to publish the bail ruling, delivered on July 25, in three national newspapers circulating within the court's jurisdiction.

Emefiele had filed the ex-parte application, through his lawyer, Victor Opara, seeking to advertise the ruling following his rearrest by operatives of the DSS despite the court order reminding him in the custody of the Ikoyi Custodial Centre of the Nigerian Correctional Services pending the perfection of the bail terms.

Justice Oweibo had granted Emefiele bail of N20 million after the federal government arraigned him on a two-count charge of illegally possessing firearms and ammunition.

The government had accused Emefiele of possessing a single-barrel shotgun (JOJEFF MAGNUM 8371) without a licence, 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.

The defendant was accused of having in his possession 123 rounds of live ammunition (Cartridges) without a licence, which is 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.

The defendant had pleaded not guilty to the charge.

Other conditions attached to the bail included that the defendant must produce a surety that is a level 16 officer in the Nigeria civil service.

The court further ordered that the surety must be the owner of a landed property within the court's jurisdiction and that Emefiele must also deposit his passport with the court registrar.

In an affidavit filed alongside the ex-parte application, which was sworn to by Samuel Adeogun, the deponent averred that despite the order granting bail to the defendant, the DSS re-arrested and whisked him away from the premises of the court.

Adeogun also claimed that by the actions exhibited by the DSS, it will be practically impossible to serve the DSS personally and that it is important to bring the order and the ruling of the court to the notice and attention of the complainant as well as the respondent for prompt action.

AllAfrica publishes around 500 reports a day from more than 100 news organizations and over 500 other institutions and individuals, representing a diversity of positions on every topic. We publish news and views ranging from vigorous opponents of governments to government publications and spokespersons. Publishers named above each report are responsible for their own content, which AllAfrica does not have the legal right to edit or correct.

Articles and commentaries that identify allAfrica.com as the publisher are produced or commissioned by AllAfrica. To address comments or complaints, please Contact us.