Justice Emeka Nwite of the Federal High Court Abuja on Monday struck out charges of treasonable felony filed in 2019 against Omoleye Sowore the convener of “RevolutionNow protect” and publisher of Sahara Reporters, and Olawale Bakare giving the federal government latitude to refile the charge if it desires.
The judge said that “the proper order to make is to strike out the charge following application by the federal government to discontinue with the case.”
Consequently, he discharged Sowore and Bakare of the criminal charges but didn’t acquit them of the charge this gives the federal government the latitude if it desire in future to refile the charge.
Nwite however ordered that all that was seized from the defendants be returned to them.
Federal government through Attorney General of Federation and Minister of Justice had on Friday filed an application to discontinue the case citing powers vested on him by the Constitution of the Federal Republic of Nigeria 1999 as amended.
“By virtue of the power conferred on me under Section 174 (1) (c)
of the Constitution of the Federal Republic of Nigeria 1999 as
amended, Section 107 (1) of the Administration of Criminal Justice
Act 2015 and all other powers enabling me in that behalf,I Lateef
Olasunkanmi Fagbemi, SAN intend to discontinue Charge No:
FHC/ABJ/CR/235/2019,” the notice, dated, February 15, 2024, reads.
At the resumed hearing on Monday, A.R. Tahir, Assistant Chief State Counsel, Federal Ministry of Justice told Justice Emeka Nwite to approve the notice of discontinuance dated February 15.
She said as it stands, hearing in the matter is yet to commence, urging the court to strike out the charge.
Counsel for the defendants, Femi Falana SAN, confirmed receiving the notice of discontinuance.
Falana added that contrary to the FMOJ lawyer, the matter was partly heard and as such, the case should be dismissed.
“We have taken the first prosecution witness before Justice Ijeoma Ojukwu.”
“To that extent, the mater ought to be dismissed. I wish to appreciate the position of the Attorney General and Minister of Justice, Lateef Fagbemi SAN,
for taking a hint from this honorable court that this matter would be dismissed even if the heavens will fall,” Falana said.
He expressed his gratitude to the court for the threat to have the matter dismissed for want of diligent prosecution.
Falana refused to ask for cost against the federal government for arraigning his client since 2019.
“In view of the withdrawal, we urge the court to order the State Security Services (SSS) to return the telephones of Sowore and Bakare, the sum of N10,000 seized from him, while his International passport as well as the title deed submitted for his bail in the court registry be returned,” Falana added.
But Tahir said it is in the record of Justice Nwite’s court that the matter began denovo(afresh) before his court, adding that the court should to strike out the case.
Ruling on Monday, Nwite held that the proper order to be made is to strike out the case.
The judge struck out the charges and discharge the defendants, adding that all that was seized from the defendants be returned.