The Federal High Court sitting in Lagos has allowed the Federal Government to withdraw the charge of “illegal possession of firearm” against the suspended Governor of the Central Bank of Nigeria (CBN), Godwin Emefiele.
Recall that the government had earlier accused the suspended CBN governor of illegal possession of firearms.
The government, however, said in its latest application that the decision to withdraw the charge against Emefiele is informed by emerging facts and circumstances of the case, which requires closer investigation.
According to Justice Nicholas Oweibo, in his ruling, held that the application filed by the Director of Public Prosecution (DPP), 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 no there was no requirement for the application to be in writing.
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In allowing the withdrawal of the charge, the judge wondered what good it will do to the defence if the court does not allow the withdrawal.
Justice Oweibo 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?
“I believe the proper thing is to allow them 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.”
