FG Files Charges Against Godwin Emefiele in Abuja

The federal government has applied to withdraw the alleged possession of firearm charges against the former governor of the Central bank of Nigeria, Godwin Emefiele.

Last week, The vacation judge of the federal high court Lagos, Nicholas Oweibo fixed Tuesday to hear applications of both the defence which is seeking to have the charges dropped on account of the failure of the prosecution to obey the court granting bail to the defendant, while the prosecution is seeking the leave of court to appeal against the order granting bail.

But on Tuesday, the director of public prosecutions at the federal ministry of justice, Mohammed Abubakar told the judge that that its decision to withdraw the charges is informed by emerging facts and circumstances of the case which requires closer investigation.

In his response, the lead defence counsel Joseph Daudu (SAN) said 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 the defendant bail and for him to be transferred from the custody of the department of state security 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.
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.

Speaking with journalists after the day’s proceedings Mr. Abubakar said there was a pending 20-count charge against Mr Emefiele at the FCT high court, which involves allegedly conferring unlawful advantages bordering on procurement under the ICPC Act.

On the refusal of the DSS to release Mr Emefiele as ordered by the judge, the DPP said, There were administrative protocols to be followed by the DSS before its transfer of a detainee to another agency, which delayed its obedience of the court order.

The judge had on July 25, admitted Mr Emefiele to a N20million bail on a two-count charge of alleged illegal possession of firearms and ammunition and ordered his remand at the Ikoyi Correctional Centre, pending the fulfilment of his bail conditions.

But the DSS rearrested the embattled bank chief after fighting off NCoS officials on the court’s premises.