Justice Nicholas Oweibo of a Federal High Court sitting in Lagos on Thursday berated the Federal Government, led by President Bola Tinubu, for not being law-abiding and having no respect for the court.
The judge, whose subsisting order was flouted by the Department of State Service, said this while striking out the firearm possession charge against the suspended governor of the Central Bank of Nigeria, CBN, Mr. Godwin Emefiele.
The charge was preferred against Emefiele by Department of State Services, DSS.
Recall that at the last hearing, Justice Oweibo had granted Emefiele bail and ordered his remand in a correction facility in Lagos until he perfected his bail.
But DSS operatives disobeyed that order, and after manhandling a senior prison official, who was supposed to take the former CBN governor into custody, as directed by the court, they bundled him back to Abuja, where he is still being held – without a superior court quashing Justice Iweibo’s oder.
However, at the resumed hearing on Tuesday, the judge struck out the charge for want of diligent prosecution, noting that the Federal Governnment had shown signs of not being law-abiding and had no respect for the court.
Justice Oweibo, who struck out the charge following the withdrawal application made by the Director of Public Prosecution of the Ministry of Justice, Mohammed Abubakar.
The DPP had made an oral application to the court to withdraw the charges against Emefiele.
He argued that the application was informed by emerging facts and circumstances that need further investigations and urged the court to grant the application. Abubakar said the application was pursuant to Sections 174 (1) (c) (2) and 108 (2) (4)
But Emefiele’s counsel, Mr. Joseph Daudu, SAN, opposed the prosecution’s oral application, saying because the government was in disobedience of the court’s order granting Emefiele bail, its application could not be taken.
He contended that there was no application before the court and not disputing the facts that the state can withdraw any charge before the court against any person.
He cited Section 174 (3) of the Constitution that the Attorney General of the Federation, AGF, has power that can be devolved to any of its officers.
“We have an application that the AGF has flouted the court order which says the respondent/ defendant should be remanded in prison custody granted but they are not obeying the order.
“The court granted the order of substituted service to be published in three National dailies and after they brought an application of stay of execution of the bail and we say unless they obey that order section 174 (1) can only be by nolle prosequi.
“It must be in writing, I have never heard of the withdrawal of a case without a nolle prosequi for the interest of justice we need to prevent abuse of legal processes.
“I urge the court to reject the application and order the learned DPP to go on with today’s business,” he said.
Ruling, yesterday, Justice Oweibo noted that the application by the Director of Public Prosecution, DPP, seeking the withdrawal of the case was found in Section 108 of the Administration of Criminal Justice Act, ACJA, which empowers him to withdraw the charge and there was no requirement for the application to be in writing.
Granting the application, the judge wondered what good it would do to the defence if the court does not allow the withdrawal.
The court, said: “The prosecution has shown signs 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,” Justice Oweibo said.
Meanwhile, the scheduled arraignment of Emefiele, on a fresh 20-count charge on the same day in Abuja was stalled following the absence of one of the defendants in the case.
Though Emefiele was brought to court by DSS, who are still holding on to him before an Abuja High Court sitting at Maitama, to enter his plea to the fresh charge against him, the court was told by the DSS that the 2nd defendant, Saadat Yaro, was unavailable.
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