JUST IN: FEDERAL GOVERNMENT FILES 20-COUNT CHARGE AGAINST EMEFIELE

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By Aishat Momoh. O,

The Federal Government on Tuesday, in Lagos, at a Federal High Court, brought a 20-count charge against suspended Central Bank of Nigeria governor, Godwin Emefiele bordering on alleged illegal procurement amongst others.

The Director of Public Prosecutions, Mohammed Abubakar told the court that its decision to withdraw the charges is informed by emerging facts and circumstances of the case which requires further investigation.

He said, “We are withdrawing the charges because of emerging facts that require further investigation, pending further investigation.”

Lead defense counsel, Joseph Daudu (SAN) responded that such a request under sections 174(1) and (3) of the Nigerian constitution cannot be made orally but rather through a formal application that must demonstrate the public interest, the interest of justice, and the need to prevent abuse of the legal system.

He further explained that, the prosecution should not be given any favors because it continues to disobey the court’s judgment, giving the defendant bail and ordering that he be transferred from the Department of State Security’s custody to a penitentiary facility.

In response to legal arguments, the DPP stated that his application is made pursuant to Section 108 of the Administration of Criminal Justice Act of 2015, which gives a prosecutor the authority to drop charges against a person at any time and without a written notice.

The judge postponed making a decision until Thursday, August 17, and stated that this most recent development has come as a “surprise” to the court.

After the court proceedings, Mr. Abubakar told reporters that Mr. Emefiele was facing a 20-count charge in the FCT high court for allegedly giving illicit advantages that were close to procurement under the ICPC Act.

The DPP explained that there were administrative procedures the DSS had to follow before transferring a detainee to another agency, which caused a delay in the agency’s compliance with the court order.

He said, “Defense says they don’t have access to their client but it’s not true, he has unfettered access to his lawyers, his family, friends and at all times.

“We are not in disobedience of the court order, when the court rendered it’s ruling granting the defendant bail, it was on two legs, bail and remand at the correctional service.”
There are administrative processes, protocols for handing over a detainee from one agency to the other and that is what the state services had to do and that was what occasioned the delay in the transfer.”

“He is also being investigated for other offenses, there is also another pending charge at the high court as we speak.”

“All this combine to slow down the process of completing with the process of the court. Once we withdraw the charge, everything goes with the charge.”

“Whatever investigation discloses will determine the charges we will bring , its about 20 counts. Unlawful possession of firearms, conferring unlawful advantage, preferment offenses under the ICPC act.”

On the oral application the DPP said, “We distinguish section 107 from 108, while 107 provides that the application shall be in writing, Section 108 is silent on it but gives the prosecutor the authority to apply. Our application was made based on section 108. We await the ruling of the court.”

While countering the application of the DPP, the Defense Counsel, Daudu said, “What is on ground today is that the disrespect shown to the court about that disgraceful incident on the 25th of July, should not be left unattended to.”

“It is so obvious that that disrespect must be washed away and cannot be wished away before any other step can be taken including the withdrawal of the charge.”

“They ambushed us with this oral application for withdrawal, there is no difference between withdrawal and nolle Presque It’s the Attorney General of the Federation that exercises that power.”

“The law says before you withdraw, you must be seen to be acting in public interest, interest of justice and not an abuse of court process.”

“When you have debased a fellow brother agency, and that issue is before the court and you think it can be avoided by withdrawing the case.”

“Our application is that any other step including withdrawal cannot be attended to until that disgrace shown to the court is dealt with. We are only after the integrity of the court. We prefer the obedience of the court to access of our client to his family.”

“There’s a right to bring charges but obey the ruling of the court first.”

On July 25, the judge granted Mr. Emefiele a N20 million bail on a two-count charge of suspected illegal possession of firearms and ammunition. The judge also ordered his detention at the Ikoyi Correctional Center while his bail conditions were being followed.

But the DSS rearrested the embattled bank chief after fighting off NCoS officials on the court’s premises.

Counsel to Emefiele, Joseph Daudu (SAN) objected to an oral application filed by prosecution counsel, Abubakar Mohammed.

Presiding judge, Justice Nicholas Uweibo reserve ruling until Thusday, August 17 on the application.