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By Lukman Olabiyi
Justice Nicholas Oweibo of the Federal High Court, Lagos has struck out the illegal firearms charge against the suspended governor of the Central Bank of Nigeria (CBN), Godwin Emefiele.
Justice Oweibo struck out the charge for want of diligent prosecution, following the withdrawal application made by the Director, Public Prosecution (DPP) of the Ministry of Justice, Mohammed Abubakar.
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 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.”
At the last adjourned date, the DPP made an oral application to the court to withdraw the charges against Emefiele. He stated that the application was informed by imaging facts and for circumstances that needed further investigations and urged the court to grant the application.
Abubakar said the application was pursuant to Sections 174 (1) (c) (2) and 108 (2) (4). But the defence counsel, Joseph Daudu, disagreed with the prosecution’s oral application, arguing that because the government was in disobedience of the court’s order granting Emefiele bail, its application could not be taken. After taking the arguments of the counsel, Justice Oweibo adjourned the case till yesterday to rule on the withdrawal application.
Emefiele was arraigned on two counts bordering on possession of a single barrel shotgun, as well as possession of 123 rounds of live ammunition without license. He pleaded not guilty to the charge.
On July 25, the court admitted Emefiele to a N20 million bail and ordered his remand at the Ikoyi Correctional Centre, pending when he would perfect his bail conditions. But the DSS rearrested the embattled bank chief after fighting off NCoS officials on the court’s premises. However, the government filed fresh 20 charges against Emefiele in Abuja.
