Emefiele: Judge Says FG Disobeying Court Orders

Federal High Court Judge, Justice Nicholas Oweibo, sitting in Lagos, delivered a significant remark yesterday, highlighting the lack of adherence to the law and disregard for the court by the Federal Government.

This statement came as he dismissed the charge of firearm possession against Mr. Godwin Emefiele, the suspended governor of the Central Bank of Nigeria (CBN), a case presented by the Department of State Services (DSS).

Justice Oweibo cited the absence of diligent prosecution as the reason for striking out the charge. He underscored that the Federal Government’s actions demonstrated a pattern of non-compliance with the law and a lack of respect for the court’s authority.

Meanwhile, the anticipated arraignment of Emefiele on a fresh 20-count charge was delayed yesterday due to the non-appearance of one of the defendants in the case, Saadat Yaro.

The judge’s decision to dismiss the charge of firearm possession stemmed from the withdrawal application submitted by the Director of Public Prosecution at the Ministry of Justice, Mohammed Abubakar.

In a prior court session, the DPP orally requested the withdrawal of charges against Emefiele, citing emerging facts and the need for further investigation. Abubakar’s application was rooted in Sections 174 (1) (c) (2) and 108 (2) (4).

However, Emefiele’s legal counsel, Mr. Joseph Daudu, Senior Advocate of Nigeria (SAN), contested the prosecution’s oral request, pointing out that the government had not complied with the court’s bail order for Emefiele. He argued that due to this non-compliance, the government’s application could not be entertained.

Daudu referred to Section 174 (3) of the Constitution, emphasizing the powers of the Attorney General of the Federation (AGF) and their potential delegation to other officers.

In the judge’s ruling, Justice Oweibo acknowledged that the DPP’s application to withdraw the case fell within the provisions of Section 108 of the Administration of Criminal Justice Act (ACJA), which granted him the authority to withdraw the charge. The judge clarified that a written application was not a requirement for this withdrawal.

Justice Oweibo granted the application, stating that it would be counterproductive to deny the withdrawal, as the prosecution’s actions indicated a lack of regard for the court. He questioned the benefit of holding onto the case file and the potential harm it could cause to the defendant, who was currently in custody.

Consequently, Justice Oweibo decided to allow the withdrawal of the charge, with the understanding that the court could also strike it out due to lack of diligent prosecution. The judge concluded that the application to withdraw the charge was approved and expressed his concern over the stalled fresh arraignment concerning an alleged N6.9 billion fraud.