Justice Nicholas Oweibo of the Federal High Court in Lagos will on August 17, 2023, decide whether or not the federal government can withdraw a two-count charge of illegal possession of firearms and ammunition filed against suspended Central Bank of Nigeria (CBN) governor, Godwin Emefiele.
Justice Oweibo fixed the date after entertaining arguments from the director of Public Prosecutions (DPP) at the federal ministry of Justice, Mohammed Abubakar, and the defence counsel, Joseph Daudu (SAN), on the appropriateness of the attempt to withdraw the charge.
Abubakar told the court that the federal government had decided to withdraw the charge based on emerging facts and circumstances of the case, which requires closer investigation.
Daudu (SAN) opposed the move, submitting that the court could not hear the oral application because the prosecution had not complied with the court order granting Emefiele bail.
The judge had granted Emefiele bail in the sum of N20 million after the federal government arraigned him on a two-count charge of illegal possession of firearms and ammunition.
The government had accused Emefiele of possessing a single-barrel shotgun (JOJEFF MAGNUM 8371) without a licence, an offence contrary to section 4 of the Firearms Act Cap F28 Laws of the Federation 2004 and punishable under Section 27 (1b) of the same Act.
The defendant was accused of having in his possession 123 rounds of live ammunition (Cartridges) without a licence, which is contrary to section 8 of the Firearms Act Cap F28 Laws of the Federation 2004 and punishable under Section 27 (1)(b)(il) of the same Act.
Emefiele pleaded not guilty to the charge.
But rather than obey court ruling which remanded Emefiele in the custody of the Ikoyi Custodial Centre of the Nigerian Correctional Services, the Department of State Services (DSS) had rearrested and kept him in its custody.
Justice Oweibo had last Thursday fixed yesterday for the hearing of Emefiele’s application seeking to stop the federal government from further remanding or prosecuting except and unless it complies with the bail ruling.
But at the resumed hearing of the matter on Tuesday, Abubakar moved an oral application asking the court to grant the prosecution leave to withdraw the charge against Emefiele.
The DPP stated that his oral application was brought in pursuant to sections 108 of the Administration of Criminal Justice Act and 107 of the 1999 Constitution.
However, the move was vehemently opposed by the defence counsel, who argued that there was no application before the court because the prosecution has not complied with the law and the rules of the court.
He stated, “It must be in writing; I have never heard of an application to withdraw a case without the prosecution filing a nolle prosequi. So I will urge the court that in the interest of justice, its need to prevent this abuse of the legal processes.
“Every application they brought against any citizen of this country under section 174 is a nolle prosequi. The government cannot come before the court orally for that; it ought to be by “nolle prosequi”, at the point in time there is no application before the court.
“I urge the court to reject the application and order the learned DPP to continue today’s business,” he said.
“We have an application before the court, which accused the AGF of disobeying the court’s order, ordering that the respondent/ defendant should be remanded in the custody of the Nigeria Correctional Service.
Daudu stated that the court also granted the defendant an order of substituted service to be published in three national newspapers.
“And after we obtained these orders, they brought an application of stay of execution of the bail, and we say unless they obey that order, the court cannot proceed”.
While responding to the defence arguments, the DPP said nolle prosequi differs from withdrawing a charge; he cited section 108 of the Administration of Criminal Justice Law 2015.
He stated that while section 107 provides that the application for withdrawal shall be in writing, Section 108 is silent on the mode. It gives the prosecutor the authority to apply to the judge, and our application was made under Section 108.
Speaking with journalists after the proceedings, the DPP revealed that there is also another pending charge before an Abuja High Court in Abuja against Emefiele.
He disclosed that the charge before the FCT High Court contains 20-count which bothers unlawful procurement under the ICPC Act and taking illegal advantage.
But Daudu denied knowledge of the new charge, saying, “What we have not seen and what has not been served on us is fiction. When we see it, we deal with it.”
