Section 108: Withdrawals from prosecution in trials and inquiries before a court

(1) In any trial or proceedings before a court, a prosecutor, may, or on the instruction of the Attorney-General of the Federation, in case of offence against an Act of the National Assembly, may, at any stage before judgment is pronounced withdraw the charge against any defendant either generally or in respect of one or more of the offences with which the defendant is charged.
(2) On the withdrawal, where it is made:
(a) before the defendant is called upon to make his defence, he shall be discharged of the offence,
(b) after the defendant is called upon to make his defence, he shall be acquitted of the offence.
(3) In any trial before a court in which the prosecutor withdraws in respect of the prosecution of an offence before the defendant is called upon to make his defence, the court may in its discretion order the defendant to be acquitted if it is satisfied on the merits of the case that the order is a proper one, and when an order of acquittal is made, the court shall endorse its reasons for making the order on the record.
(4) Where a private prosecutor withdraws from a prosecution for an offence under the provisions of this section, the court may, in its discretion, award costs against the prosecutor.
(5) A discharge of a defendant under this section does not operate as a bar to subsequent proceedings against him on account of the same facts, except as otherwise provided under this section.