Federal Government’s oral application before Justice Nicholas Oweibo of the Federal High Court sitting in Lagos, which seeks to withdraw a firearm charge against suspended Central Bank of Nigeria (CBN) Governor, Godwin Emefiele, has been approved.
CityNews recalls that the Nigerian 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.
In his ruling on Thursday morning, Justice Oweibo 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.
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 withdrawal.
“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 to withdraw the charge. They can abandon it and the court will still have to strike it out for lack of diligent prosecution. The application to withdraw is hereby granted,” Channels Television quoted Justice Oweibo saying.
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