Firearms Charge Withdrawal: 'DSS Does Not Have Respect For The Court' – Justice Oweibo

A Federal High Court in Ikoyi, Lagos, presided over by Justice Nicholas Oweibo, on Thursday declared that the Department of State Services (DSS), remains lawless and has no regard for the court in Nigeria.

The judge made the declaration while granting the request of the Federal Government of Nigeria (FGN), to withdraw the charge of “illegal possession of a firearm” made against the suspended Governor of the Central Bank of Nigeria (CBN), Godwin Emefiele.

Delivering a ruling on the application initiated by the Director of Public Prosecution (DPP), Mohammed Bakodo Abubakar, who had earlier stated that seeking the withdrawal of the case is found in Section 108 of the Administration of Criminal Justice Act (ACJA), which empowers him to withdraw the charge and that there was no requirement for the application to be made in writing, the judge expressed wonders as to what good it would do to the defence if the court does not allow the withdrawal to take effect.

Justice Oweibo held that “The prosecution has shown 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”.

It would be recalled at the last hearing on the matter, the FGN had made an oral application through its counsel, Mohammed Bakodo Abubakar.

In addressing the court, the prosecutor informed the judge that the application followed the result of further investigations.

However, Emefiele's counsel, and Senior Advocate of Nigeria (SAN), Joseph Daudu, raised an opposition, with an argument that because the government was in disobedience of the court’s order granting Emefiele bail, its application could not be taken.

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