Officials of State Services, Correctional Service, clash over Suspended Apex Bank Head

By Babagana Jidda Kanempress
26th July 2023

The Department of State Services (DSS), and officers of the Nigerian Correctional Service (NCoS) clash over the custody of suspended Apex Bank Governor, Godwin Emefiele in Lagos Southwest Nigeria.

The clash happened at the Federal High Court, Lagos.

The Department of State Services had arraigned Emefiele on a two-count charge on alleged illegal possession of firearms and ammunition.

After proceedings, Justice Nicholas Oweibo granted bail to Emefiele, ordering that the former Apex Bank head be remanded in a correctional facility until he perfects his N20 million bail condition.

After which the clash took place, following dissatisfaction over the decision of the Federal High court, DSS operatives laid siege at the corridors of the chamber and the entire premises, putting their vehicle at standby to re-arrest Emefiele.

Consequently, the defendant refused to step out of the court room, while his lawyers made effort to mobilise officers of the Nigerian Correctional Service to take him.

After hours of waiting, Emefiele’s lawyers left. Afterwards, more armed Correctional Services personnel arrived with a senior officer and attempted to take Emefiele.

The clash ensued as the Department of State Services rough-handled a commander of the Correctional Service, tore his buttons, and shoved him out of the chambers, insisting the officials had orders to take Emefiele, regardless of the court’s injunction.

Tension was overcomed as the Correctional Officers boarded their vehicles and zoomed off, leaving former Apex Bank, Emefiele in the hands of the masked Department of State a Services squad.

The former Apex Bank head, Emefiele had earlier pleaded not guilty to the two-count charge on possession of a single-barrel shotgun and possession of 123 rounds of live ammunition without licence.

After his plea, defence counsel, Mr. Joseph Daudu (SAN), who led four other senior advocates, informed the court of a bail application filed on behalf of the defendant.

He informed the court that same had been served on the prosecution, as there was a stamp of Office of the Attorney General as proof.

The prosecutor, Mrs. Nkiru Jones, objected to the bail application on the grounds that she had not been served with a copy.

Mrs. Jones told the court that her office had been on the lookout for a possible bail application of the defendant but didn’t get any.

She said that since she had just informed of the application in court, she would require time to respond by way of an affidavit, since facts had been deposed.

Mrs. Jones, noted that since there was no sitting Attorney General of the Federation (AGF) at the moment, the defence could not have effectively served same.

In a short ruling, the court agreed with the submission of defence counsel, and urged him to move the defendant’s bail application.

Moving the application, defence counsel urged the court to admit the defendant to bail, as he is not a flight risk, being a reputable former CBN Governor.

He told the court that the defendant had been kept in custody for long and had lost so much weight and so, required medical attention.

The defence also informed the court that the defendant would be available to stand trial; saying if the prosecutor had produced a witness, the defence would have been ready to proceed. He urged the court to grant the defendant bail.

In response, the prosecutor informed the court that she was opposed to the bail application of the defendant as he was a flight risk.

She told the court that the defendant had refused to submit his international passport as evidence that he might escape trial.

Asides, she also told the court that being a very influential citizen of Nigeria, the defendant could also interfere with the case and evidence intended to be led by prosecution. She urged the court to refuse him bail.

In his ruling, Justice Oweibo agreed with the submission of the defence counsel on the ground that the offence for which the defendant was charged is bailable.

The court held that bail could only be denied where any of the circumstances set out in Section 162 of the Administration of Criminal Justice Act is established.

The court held that the prosecution had not received such circumstances before the court.

The judge granted bail to the defendant in the sum of N20 million with one surety in like sum.

He held that the surety must depose to an affidavit of means and have a landed property.

He ordered that the defendant be remanded in custody of the correctional service, pending perfection of his bail.

The court adjourned the case to November 14 for trial.