The Federal High Court sitting in Lagos on Thursday struck out the illegal possession of firearms charge against the embattled former Central Bank of Nigeria (CBN) Governor Godwin Emefiele following an application by the Federal Ministry of Justice to withdraw it.
Justice Nicholas Oweibo agreed with the Director of Public prosecution(DPP) Mohammed Abubakar who moved the application to withdraw the two-count charge relying on Section 108 of Administration of Criminal Justice Act, 2015.
The defence through its lead counsel, Joseph Daodu (SAN) had argued that the prosecution could not withdraw the charge unless the government purges itself of its disobedience to the court's July 25 order granting Mr Emefiele bail.
Justice Oweibo, in a short ruling, condemned the conduct of the prosecution .
He said: "The conduct of the prosecution has shown that it doesn't respect the rule of law.
"Of what benefit will it be to keep the file in the court's docket when the prosecution has shown disrespectful to the court?
"To stop the embarrassment of the court and to keep its integrity intact, means to strike out this charge which has simply been abandoned for a lack of diligent prosecution.
"Accordingly this charge is hereby struck out for lack of diligent prosecution."