The Federal High Court sitting in Lagos, yesterday, struck out the illegal possession of firearms charge filed by the federal government against suspended Central Bank of Nigeria (CBN) Governor Godwin Emefiele.
Justice Nicholas Oweibo made the order following a request by the Director of Public Prosecutions (DPP) in the Ministry of Justice, Mohammed Abubakar, to withdraw the two-count charge brought against the defendant.
In his application, Abubakar, while relying on Section 108 of the Administration of Criminal Justice Act (ACJA) 2015, prayed the court to grant the request.
The defendant’s lead counsel, Joseph Daudu (SAN), had argued that the prosecution could not withdraw the charge unless the government obeyed the court’s July 25 order, granting Emefiele a N20 million bail.
However, the presiding judge, in his ruling, blamed the government for its disobedience, stating that the conduct of the prosecution showed that it doesn’t respect the rule of law.
He held: “Of what benefit will it be to keep the file in the court’s docket when the prosecution has shown disrespect to the court?
“To stop the embarrassment of the court and keep its integrity intact means to strike out this charge, which has simply been abandoned for a lack of diligent prosecution.
“Accordingly, this charge is hereby struck out for lack of diligent prosecution.”
BESIDES, the absence of Sa’adatu Ramalan-Yaro, a co-defendant to Emefiele, has stalled their arraignment for an alleged N6.9 billion fraud.
They were to appear before Justice Hamzat Muazu of the Federal Capital Territory (FCT) High Court at Maitama, Abuja.
But at the resumed hearing, yesterday, where Emefiele mounted the defendant’s box, DPP Abubakar informed the court that Ramalan-Yaro “is indisposed, as she took ill this morning.”
He, consequently, asked for an adjournment to enable the prosecution to present both witnesses for arraignment.
Responding, Emefiele’s lawyer, Akinlolu Kehinde (SAN), sought a short date for arraignment.
He, thereafter, asked for an audience with his client, which was not opposed by the DPP.
While Ramalan-Yaro’s lawyer, Abdulhakeem Labi-lawal, agreed with Abubakar for an adjournment, he, however, informed the court of a pending bail application for his client.
After stating that the bail application would be taken after the defendant’s arraignment, the judge, subsequently, adjourned the suit till August 23, for further proceedings.