The Federal Government of Nigeria has made an oral application before Justice Nicholas Oweibo of the Federal High Court sitting in Lagos to withdraw a charge against suspended Central Bank of Nigeria (CBN) Governor, Godwin Emefiele.
Government said the decision is informed by emerging facts and circumstances of the case which requires closer investigation.
Daudu argued that 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.
After listening to the lawyers, the Judge adjourned to Thursday, Aug 17 to give a ruling on the matter, adding that this latest development is a “surprise” to the court.
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