August 17, (THEWILL) – The Federal Government of Nigeria has formally withdrawn a two-count charge of illegal possession of firearms and ammunition it filed against Godwin Emefiele, the suspended Governor of the Central Bank of Nigeria (CBN).
Director of Public Prosecutions (DPP), at the Federal Ministry of Justice, Mohammed Bakodo Abubakar, on Tuesday, August 15, made an oral application before the Federal High Court in Lagos, to withdraw the charges.
Ruling on the application on Thursday, Justice Nicholas Oweibo held that the withdrawal was consistent with Section 108 of the Administration of Criminal Justice Act, (ACJA).
Although counsel to Emefiele, Joseph Daudu (SAN), had opposed the application.
Daudu, who noted that the Government disobeyed the court order granting Emefiele bail, had argued an application under section 174(1) and (3) of the Nigerian constitution cannot be made orally, but in a formal application which “must establish the need for public interest, the interest of justice and the need to prevent abuse of legal process.”
Justice Oweibo had on July 25, admitted Emefiele to a N20 million bail on a two-count charge of alleged illegal possession of firearms and ammunition and ordered his remand at the Ikoyi Correctional Centre, pending the fulfilment of his bail conditions.
He was, however, rearrested at the premises of the court by armed security operatives of the Department of State Services (DSS).
However, allowing the withdrawal of the charges on Thursday, Justice Oweibo said, “The prosecution has shown that they are not law abiding and have no respect for the court. The court cannot force them. What good will it be for the defendant who is in custody? Of what benefit will it be to keep the file in the court’s docket?
“I believe the proper thing is to allow them withdraw the charge. They can simply abandon it and the court will still have to strike it out for lack of diligent prosecution.
“The application to withdraw is hereby granted.”
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