Federal Government seeks to file fresh charges against Emefiele, as fire arms charge is withdrawn

The Federal Government is seeking to withdraw the charge of illegal possession of firearms filed against Godwin Emefiele, the suspended governor of the Central Bank of Nigeria (CBN).

The federal government, on Tuesday, at the Federal High Court in Ikoyi, Lagos made an oral application to withdraw the charge.

The Director of Public Prosecutions (DPP) at the Federal Ministry of Justice, Abubakar Mohammed, told the judge, Nicholas Oweibo, that the application for withdrawal was based on the result of more investigations conducted by the government.

Mr Mohammed later told journalists that they “will probably come back with more charges, more counts” against the suspended bank chief.

On 25 July, Mr Emefiele was arraigned on a two-count charge of “illegal possession” of firearms and live ammunition.

He was also granted bail of N20 million. However, in violation of the court order asking that he be detained at the Nigeria Correctional Service (NCoS) pending fulfilment of hisbail conditions, the SSS rearrested Mr Emefiele immediately he stepped out of the courtroom.

He was rearrested after officials of the two federal agencies engaged in fisticuffs over his custody.

Withdrawal

At the last sitting, the court heard applications of the defence which is seeking to have the charges dropped on account of the failure of the prosecution to obey the court granting bail to the defendant.

But the prosecution sought the leave of court to appeal against the order granting bail.

But on Tuesday, the prosecutor told the judge that its decision to withdraw the charges is informed by emerging facts and circumstances of the case which require closer investigation.

In his response, the defence counsel, Joseph Daudu, a Senio Advocate of Nigeria, said such an application under section 174(1) and (3) of the Nigerian constitution cannot be made orally, but in a formal application which must establish the need for public interest, the interest of justice and the need to prevent abuse of legal process.

Replying on points of law, the DPP said his application is brought under section 108 of the Administration of Criminal Justice Act of 2015, which grants a prosecutor powers to withdraw charges against the defendant at any stage and that it doesn’t have to be in writing.

The judge adjourned to Thursday to give a ruling on the matter, adding that this latest development is a “surprise” to the court.

Pending charges

Speaking with journalists after the proceedings, Mr Abubakar said there was a pending 20-count charge against Mr Emefiele at the FCT high court.

“Unlawful possession of firearms may be part of it and perhaps more,” he said.

When asked further, he said “the charges at the FCT high court — conferring unlawful advantage, there are charges that border on procurement of …under the ICPC Act.”

Speaking on access to the detainee, he said that “It is not true that his lawyer doesn’t have access to him. He has unfettered access to his lawyers, relatives and friends at all times.”

Mr Mohammed also said that “we are not in disobedience of the court ruling.”

He said that for the bank chief to be handed over to the NCoS, they had to follow administrative processes.

“You will agree with me that there are administrative processes for handing over a detainee from one agency to the other. And that is what the state services had to do and that was what occasioned the delay,” he said.