Emefiele To Serve Bichi, DSS Bail Ruling Via Publication In Newspapers

The court held that the publication through substituted means would be deemed as good and proper service on the prosecutor.


Suspended CBN chief, Godwin Emefiele leaves the Federal High Court in Ikoyi, Lagos on Tuesday, July 25, 2023, and about to enter a waiting DSS vehicle despite an order of the court granting him bail and ordering his remand at a prison. Photo: Channels Television/Sodiq Adelakun.

 

The Federal High Court in Lagos has granted leave to the suspended Central Bank of Nigeria (CBN) Governor, Godwin Emefiele, to serve on the Director General of the Department of State Services (DSS), Mr Yusuf Magaji Bichi, the court’s ruling admitting him to bail.

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

The court held that the publication through substituted means would be deemed as good and proper service on the prosecutor.

Channels Television’s Judiciary Correspondent, Shola Soyele, gathered that the move is preparatory to contempt proceedings against the DSS and its Director General.

Through his lawyers, the suspended CBN Governor had filed the ex-parte application, on the 28th of July, seeking to advertise the court’s ruling following his rearrest by operatives of the DSS despite the court order remanding him in the custody of the Correctional Centre pending the perfection of the bail conditions.

Justice Oweibo had granted Emefiele bail in the sum of N20 million with one surety in like sum after the Federal Government arraigned him on a two-count charge of illegal possession of firearms and ammunition.

The defendant had pleaded not guilty to the charge.

Other conditions attached to the bail included that the defendant must produce a surety who is to be the owner of a landed property within the court’s jurisdiction or to be a public or civil servant not below the rank of a deputy director.

The court further ordered that the surety is to file two passport photographs with an affidavit of means.

Emefiele was also ordered to deposit his passport with the court registrar.

In an affidavit filed alongside the exparte application, which was sworn to by one 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 submitted that with the actions exhibited by the secret police, it will be 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.