Justice Nicholas Oweibo of a Federal High Court in Lagos on Thursday struck out charges of illegal possession of firearm and ammunition preferred against suspended Governor of Central Bank of Nigeria, Godwin Emefiele.
The court struck out the charges for lack of diligent prosecution, following an earlier oral application by Mr. Mohammed Abubakar, Director of Public Prosecutions, DPP, in the Federal Ministry of Justice.
Recall that Abubakar had said that the application was informed by emerging facts that needed further investigations and prayed the court to grant the application.
Emefiele’s counsel, Mr. Joseph Daudu, SAN, opposed the application, arguing that the government was in disobedience of the court’s order granting Emefiele’s bail and, therefore, should not have its application entertained by the court.
He argued: “We have an application that the government has flouted the court’s order which says the respondent/ defendant should be remanded at the Nigeria Correctional Service.”
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He noted that the application for withdrawal of charges must be in writing.
Ruling on the application on Thursday, Oweibo held that Section 108 of the Administration of Criminal Justice Act empowered the DPP to withdraw the two-count charge.
He also held there was no requirement for the application to be in writing.
“The prosecution has shown signs that they are not law-abiding and have no respect for the court.
“Of what benefit will it be to keep the file in the court’s docket? I believe the proper thing is to allow them to withdraw the charge.
“The application to withdraw is hereby granted,” Oweibo ruled.
