FG Seeks Court Approval To Withdraw Charges Against Emefiele

The Federal Government of Nigeria has made an oral application before Justice Nicholas Oweibo of the Federal High Court sitting in Lagos to withdraw a charge against suspended Central Bank of Nigeria (CBN) Governor, Godwin Emefiele.

The application was to withdraw the “illegal possession of firearms” charges against Emefiele.

Naija News reports the government said the decision is informed by emerging facts and circumstances of the case which requires closer investigation.

The Director of Public Prosecutions (DPP) at the Federal Ministry of Justice, Mohammed Bakodo Abubakar made the application on behalf of the federal government but his application was opposed by the defence counsel, Joseph Daudu (SAN).

Daudu argued that such an application under section 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.

He added that the prosecution shouldn’t be granted any favours as it is still in disobedience of the court order granting his client bail and for him to be transferred from the custody of the Department of State Services (DSS) 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.

After listening to the lawyers, the Judge adjourned to Thursday, Aug 17 to give a ruling on the matter, adding that this latest development is a “surprise” to the court.