The Federal High Court in Lagos has granted the Federal Government permission to remove the accusation of “illegal possession of firearm and possession” against suspended Central Bank of Nigeria (CBN) Governor Godwin Emefiele.
In his ruling, Justice Nicholas Oweibo stated 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 that there is no requirement for the application to be in writing.
Allowing the charge to be withdrawn, the judge asked what good it would serve to the defence if the court did not approve the withdrawal.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.”