EMEFIELE: JUDGE STRIKES OUT ILLEGAL POSSESSION OF FIREARM CHARGE
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By Aishat Momoh O.
……..ARRAIGNMENT FOR PROCUREMENT FRAUD IN ABUJA STALLED AS 2ND DEFENDANT TAKES ILL
Justice Nicholas Oweibo of the Federal High Court, Lagos , has struck out the illegal possession charges filed by the Department of State Services against suspended governor of the Central Bank of Nigeria (CBN), Godwin Emefiele for lack of diligent prosecution on Thursday.
Recall that the Federal Government had approached the court on Tuesday, to seek withdrawal on the charges filed against Emefiele bordering on unlawful possession of firearms and ammunition following emerging facts requiring further investigation and pending fresh charges of about twenty counts at the FCT high court, Abuja.
The Director of Public Prosecution, at the Federal Ministry of Justice, Mohammed Abubakar, who moved for the application orally, sighting section 108 of the adminstration of criminal justice act, 2015; says the move for the withdrawal of charges is due to emerging facts requiring further investigation.
Ruling on the application, Justice Nicholas Oweibo, held that the prosecution had the statutory powers to withdraw a charge against a defendant at any stage of the trial while adding that the conduct of the Prosecution shows that they have no respect for the court and the rule of law.
The judge, in his ruling, held that the application filed by the Director of Public Prosecution (DPP), Mohammed Abubakar, seeking the withdrawal of the case is found in Section 108 of the Administration of Criminal Justice Act (ACJA), which empowers him to withdraw the charge and there is no requirement for the application to be in writing.
Oweibo who then struck out the application said the action is intended to keep the integrity of the court.
The defence, through its lead counsel, Senior Advocate of Nigeria, Joseph Daudu, had argued that the prosecution could not withdraw the charge unless the government purges itself of its disobedience to the court’s order of July 25 granting Emefiele bail.
Justice Oweibo, in a short ruling, condemned the conduct of the prosecution. In allowing the withdrawal of the charge, the judge wondered what good it would do to the defence if the court did not allow the leave.
He 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?
“To stop the embarrassment of the court and to keep its integrity intact, I believe the proper thing is to allow them to 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.”
Also, a Federal High Court at the Federal Capital Territory, Abuja; has adjourned the arraignment of suspended CBN Governor, Godwin Emefiele to 23rd August 2023.
The arraignment was stalled due to the absence of the second defendant, Sa’adatu Yaro; a staffer of the CBN. According to Yaro’s counsel, she took ill this morning which made her presence in court impossible.
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