A fundamental human rights suit filed by a staff of the Central Bank of Nigeria, Sa’adatu Yaro, against the Department of State Services has been thrown out by a Federal Capital Territory High Court.
Yaro, the second defendant in the N6.9bn procurement fraud case by the Federal Government against the suspended CBN governor, Godwin Emefiele, is asking the court to release her six exotic cars seized by the secret police on July 12 as well as bail from continued detention.
Yaro’s absence stalled the commencement of trial on the matter on Thursday.
But in a motion on notice marked FCT/HC/CV/6918/23 Yaro through her lawyer, J.B Daudu SAN, prayed the court to declare her arrest on July 12, 2023, the detention of her husband and seizure of her six exotic cars as an infringement on her fundamental human right.
Daudu further argued that the DSS, not being an anti-graft agency, lacked jurisdiction or statutory powers to inquire into the business dealings of the applicant.
He said the continuous detention and torture of the applicant by the DSS since the 12th day of July 2023 violates the applicant’s Right to Dignity of Human Person and Right to Personal Liberty guaranteed by Sections 34 & 35 of the 1999 Constitution of the Federal Republic of Nigeria.
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Similarly, a Federal High Court in Lagos has struck out the firearm charges against Emefiele.
Justice Nicholas Oweibo struck out the charge after holding that the prosecution has the statutory powers to withdraw a charge against a defendant at any trial stage.
The judge, in his ruling, held that the application filed by the director of Public Prosecution (DPP) 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 there is no requirement for the application to be in writing.
In the withdrawal of the charge, the judge wondered what good it would do to the defence if the court did not allow the leave.
He stated, “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? 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 abandon it, and the court will still have to strike it out for lack of diligent prosecution. The application to withdraw is at this moment granted.”