The administration of President Bola Tinubu has been criticized for its lack of respect for the rule of law, as stated by a judge during a ruling on Thursday.
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Nicholas Oweibo, a federal high court judge in Lagos, made this remark while delivering his ruling on the ‘illegal possession of firearms and ammunition’ charges against the suspended Central Bank of Nigeria governor, Godwin Emefiele.
On Tuesday, Abubakar Mohammed, the Director of Public Prosecution (DPP) at the federal ministry of justice, filed an oral application seeking the withdrawal of the two-count charge.
The prosecutor informed the judge that their decision to withdraw the charges was based on emerging facts and circumstances of the case that required further investigation.
“The prosecution’s actions demonstrate a disregard for the law and a lack of respect for the court. The court cannot compel them,” stated the judge.
“What purpose would it serve for the defendant who is currently in custody? How would keeping the file in the court’s docket be beneficial?”
“To prevent further embarrassment to the court and to uphold its integrity, I believe the appropriate action is to allow them to withdraw the charge.”
“They can simply abandon it, and the court will still have to dismiss it due to lack of diligent prosecution. The application to withdraw is granted.”
Mr. Mohammed informed the judge that the withdrawal application was based on additional investigations conducted by the government.
He later informed reporters that they might return with more charges and counts against the suspended bank chief.
On July 25, Mr. Emefiele was arraigned on a two-count charge of “illegal possession” of firearms and live ammunition.
The government accused him of possessing a single-barrel shotgun (JOJEFF MAGNUM 8371) without a license, which is an offense under section 4 of the Firearms Act Cap F28 Laws of the Federation 2004 and punishable under Section 27 (1b) of the same Act.
The defendant was also accused of having 123 rounds of live ammunition (cartridges) in his possession without a license, which contravenes section 8 of the Firearms Act Cap F28 Laws of the Federation 2004 and is punishable under Section 27 (1) (b) (il) of the same Act.
The defendant pleaded not guilty to the charge, leading the court to grant him bail in the sum of N20 million and order that he be remanded with the Nigeria Correctional Service (NCoS). However, this order was not followed by the State Security Service (SSS).
The federal government later clarified to journalists that they did not disregard the court order, but certain administrative processes caused a delay in compliance.
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