The Office of the Attorney General of the Federation Tuesday in an oral application sought to withdraw the two-count charge of illegal possession of firearms filed against the suspended governor of the Central Bank of Nigeria, Godwin Emefiele.
However, Emefiele's counsel, Joseph Daudu SAN, opposed the application on the ground that the Court cannot hear application until the order of the court granting Emefiele bail was obeyed.
When the matter came up Tuesday before Justice Nicholas Oweibo of the federal high court, in Lagos, the Director of Public Prosecution, Federal Ministry of Justice, Mohammed Abubakar, made an oral application to the court to withdraw the charges against Emefiele.
In his submission, he stated that the application was informed by emerging facts and for circumstances that needed further investigations and urged the court to grant the application.
Abubakar premised his application on Sections 174 (1) (c) (2) and 108 (2) (4) of the Administration of Criminal Justice Act.
Opposing the application, the defence counsel, insisted that because the federal government was in disobedience of court's order granting Emefiele bail, the oral application for withdrawal of the charge cannot be entertained.
"There is no application before the court, there is no doubt and I am not disputing the facts that the State can withdraw any charge before the court against any person. The fact that they want to conduct fresh investigation in not a ground for withdrawal. The Supreme Court has settled this issue in the case between IGP against Fawehinmi that you cannot detain someone, while still investigating the matter you're accusing him of.
Daudu further argued that before now, the argument of the prosecution was there was no Attorney General of the Federation who can handle the case.
"We have an application that the AGF has flouted the court order which says the defendant should be remanded at the Nigeria Correctional Service, but they are not obeying the order.
"The court granted order of substituted service to be published in three National dailies and after, they brought an application for stay of execution of the bail and we say unless they obey that order section 174 (1) can only be by nolle proseque.
"The application to withdraw the charge must be in writing, I have never heard of the withdrawal of a case without filing a Nolle proseque for the interest of justice we need to prevent abuse of legal processes.
"I urged the court to reject the application and order the learned DPP to go on with today's business," he said.
While responding to the defence argument, the DPP said nolle proseque. was different from withdrawal and cited section 108 of the Administration of Criminal Justice Law 2015.
After listening to submissions of both counsel, Justice Nicholas Oweibo fixed Thursday, August 17, 2023 for ruling.
The judge had on July 25, admitted Emefiele to a N20million bail on a two-count charge of illegal possession of firearms and ammunition and ordered his remand at the Ikoyi Correctional Centre, pending when he is able to perfect his bail conditions.
But the DSS rearrested Emefiele after fighting off NCoS officials in the court's premises on the grounds that it had filed fresh charges against him in Abuja.
Speaking with journalists outside the court, the DPP said, "We are withdrawing the charge because of emerging facts pending further investigations at the end of which we will probably come back with more charges and more counts.
"If you listen to our submissions in court, we distinguished Sections 107 from 108. 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 pursuant to Section 108. "
On the issue about if Emefiele had access to his lawyer and relatives, he said " It is not true, he has unhindered access to his lawyers and relatives and his friends at all times.
On the issue of disobedience to court order, he said " we are not in disobedience of court order. When the court rendered it's ruling granting the defendant, was in two legs.
"He was granted bail and to be remanded in the custody of the Correctional Service pending the fulfilment of bail conditions.
"You will agree with me that there are administrative processes and protocols from handing over a detainee from one agency to another and that is what the State Services had to do, and that was what occasioned the delay in transferring him.
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"On the basis of that is the fact that he is also being investigated for other offences, and there is also another pending charge at the FCT high court as we speak. So all these combined slow down the process of complying with the order of the court. The new charge may contain unlawful possession of firearms among others.
On the charge at the FCT, he said " we have filed a 20-count charge against the defendant, which borders on unlawful procurement under the ICPC Act, and taking unlawful advantage."
Speaking, on the alleged charge filed against Emefiele in the Federal Capital Territory, his lead counsel, JB Daudu SAN said " What we have not seen and what has not been served on us, to us is fiction. When we see it, we deal with it.
What is on ground today is the disrespect to the court. That disgraceful incident that all of you witnessed should not be left unattended to and the Court fixed today to hear the issues. That disrespect to the court must be washed away and cannot be wished away."
