•Seeks to withdraw illegal possession of firearms charge, defence opposes
By Lukman Olabiyi
There appears to be more trouble for suspended Governor of Central Bank of Nigeria (CBN), Godwin Emefiele, as the Federal Government said it has filed fresh charges against him.
Justice Nicholas Oweibo of the Federal High Court Lagos fixed tomorrow for ruling on the Federal Government’s application seeking to withdraw the illegal possession of firearms charge filed against the embattled CBN governor.
The judge fixed the date after listening to arguments of the Director, Public Prosecution (DPP) and counsel of the Ministry of Justice, Mohammed Abubakar, and Emefiele’s counsel, Joseph Daudu (SAN.)
On the last adjourned date, the matter was slated for yesterday, for the hearing of pending applications seeking to stay the execution of the bail and application compelling the complainant to obey the court orders. When the matter came up, yesterday, the DPP made an oral application to the court to withdraw the charges against Emefiele.
He stated that the application was informed by emerging 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, Daudu, disagreed with the prosecution’s oral application, arguing that the government was in disobedience of the court’s order which granted Emefiele bail, so its application could not be taken.
“There is no application before the court, there is no doubt, and I am not disputing the facts that the state can withdraw any charge before the court against any person.”
He cited Section 174 (3) of the Constitution that the AGF has power that can be devoid to any of its officers.
“We have an application that the AGF has flouted the court order which says the respondent/ defendant should be remanded at the Nigeria Correctional Service, but they are not obeying the order. The court granted order of substituted service to be published in three national dailies, and after they brought an application of stay of execution of the bail, and we said unless they obey the court’s order, Section 174 (1) can only be by nolle prosequi. It must be in writing, I have never heard of the withdrawal of a case without a nolle prosequi. For the interest of justice, we need to prevent abuse of legal processes. I urge the court to reject the application and order the learned DPP to go on with today’s business,” he said.
While responding to the defence argument, the DPP said nolle prosequi was different from withdrawal and cited Section 108 of the Administration of Criminal Justice Law 2015.
The judge had, on July 25, admitted Emefiele to a N20 million bail on a two-count charge of illegal possession of firearms and ammunition, and ordered his remand at the Ikoyi Correctional Centre, pending when he is able to perfect his bail conditions. But the DSS rearrested the embattled bank chief after fighting off NCoS officials on the court’s premises.
Meanwhile, the Federal Government, yesterday, disclosed that it has filed fresh charges against Emefiele in Abuja.
Speaking with journalists after the proceedings, the DPP said: “We are withdrawing the charge because of emerging facts, pending further investigations, at the end of which we will probably come back with more charges and more counts.”