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Federal Government Seeks Withdrawal of Firearms Possession Case Against Suspended CBN Governor Emefi

Justice Nicholas Oweibo of the Federal High Court in Lagos is set to render his decision on August 17, 2023, regarding the potential withdrawal of a two-count charge against the suspended Central Bank of Nigeria (CBN) governor, Godwin Emefiele. The charge pertains to the alleged illegal possession of firearms and ammunition.


Justice Oweibo confirmed this date after considering arguments put forth by Mohammed Abubakar, the Director of Public Prosecutions (DPP) at the federal ministry of Justice, and Joseph Daudu (SAN), the defense counsel. The discussion centered on the appropriateness of withdrawing the charge, with Abubakar citing emerging facts and circumstances that warrant further investigation as the basis for the government's decision.


Abubakar, representing the prosecution, proposed the withdrawal of the charge based on evolving developments. Daudu (SAN), however, opposed this motion, contending that the court couldn't entertain an oral application as the prosecution hadn't adhered to the court's order regarding Emefiele's bail.


Previously, the judge had granted Emefiele bail with a sum of N20 million after the federal government arraigned him on charges of illegal possession of firearms and ammunition. The charges accuse Emefiele of owning a single-barrel shotgun without a license and possessing live ammunition without authorization. Emefiele had pleaded not guilty to these allegations.


Despite the court's decision to remand Emefiele in the custody of the Ikoyi Custodial Centre, the Department of State Services (DSS) had re-arrested him and held him in its custody.


At a hearing last Thursday, Justice Oweibo had scheduled a session for Emefiele's application, seeking to prevent further remanding or prosecution unless the government complied with the bail ruling. During Tuesday's hearing, Abubakar made an oral application to withdraw the charges against Emefiele, invoking sections 108 of the Administration of Criminal Justice Act and 107 of the 1999 Constitution to support the motion.


Daudu opposed the move, arguing that such applications typically require formal writing and the presentation of a nolle prosequi. He emphasized the necessity of following proper legal processes and expressed concern over the potential misuse of legal procedures.


After the proceedings, the DPP revealed that another charge with 20 counts, relating to unlawful procurement and taking illegal advantage, is pending against Emefiele in an Abuja High Court. Daudu denied knowledge of this new charge, awaiting proper documentation before addressing it.

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