The Federal High Court in Lagos has allowed the Federal Government to withdraw the charge of “illegal possession of firearm and possession” against the suspended Governor of the Central Bank of Nigeria (CBN), Godwin Emefiele.
In his ruling, Justice Nicholas 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.
The Judge, while allowing the withdrawal of the charge, wondered what good it will do to the defence if the court does not allow 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 to 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.”
