The Federal Government of Nigeria has applied to withdraw the “Illegal possession of firearms” case it filed against the suspended Central Bank of Nigeria (CBN) Governor, Godwin Emefiele at the Federal High Court sitting in Lagos state.
The Director of Public Prosecutions (DPP) at the Federal Ministry of Justice, Mohammed Abubakar, in an oral application, told Justice Nicholas Oweibo that the application followed the result of further investigations.
The judge had fixed Tuesday, August 15, 2023, for the hearing of applications seeking to stop further prosecution of Emefiele and that of the Ministry of Justice seeking to appeal the bail granted to him by the court.
Abubakar told the judge that the decision to withdraw the charges was informed by emerging facts and circumstances of the case which requires closer investigation.
However, the Defence Counsel, Joseph Daudu, Senior Advocate of Nigeria (SAN) opposed the application insisting that the government must first purge itself of the disobedience of the court’s order granting Emefiele bail before its application could be taken.
He said such an application under sections 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.
Daudu added that the prosecution should not be granted any favours as it is still in disobedience of the court order granting the defendant bail and for him to be transferred from the custody of the Department of state security to a correctional facility.
Replying on points of law, the DPP said his application is brought under section 108 of the Administration of criminal justice act of 2015, which grants a prosecutor powers to withdraw charges against the defendant at any stage, and that it doesn’t have to be in writing.
Justice Oweibo adjourned till Thursday, August 17, 2023 to rule on the application.
Speaking with journalists after the proceedings, Mr Abubakar said there was a pending 20-count charge against Mr Emefiele at the Federal Capital Territory (FCT) High Court, which involves allegedly conferring unlawful advantages bordering on procurement under the ICPC Act.
Emefiele was admitted to an N20 million bail on a two-count charge of illegal possession of firearms and ammunition and the Judge had in July ordered his remand at the Ikoyi Correctional Centre, pending the fulfilment of his bail conditions.
However, there was a clash at the Federal High Court in Lagos as operatives of the Department of State Services (DSS) and officials of the Nigeria Correctional Service (NCS) tussled over who would take custody of suspended Central Bank of Nigeria Governor Godwin Emefiele
The DSS rearrested him after fighting off NCS officials on the court’s premises.
On the refusal of the DSS to release Mr Emefiele as ordered by the Judge, the DPP said, there were administrative protocols to be followed by the DSS before its transfer of a detainee to another agency, which delayed its obedience to the court order.
PIAK
