An FCT High Court sitting in Maitama on Tuesday, closed the prosecution’s case filed against three alleged armed robber, “for want of diligent prosecution.”

The defendants, Omenini Bayallah, 22; Paul Sunday, 20; and Dahiru Yusuf, 40, were charged with three counts of armed robbery, conspiracy and receiving stolen property.

The trial judge, Justice Peter Affen, who gave the order, said that though the prosecution had prayed the court to reopen the case, the police has failed to appear in court.

“The prosecution’s conduct in this case compelled me to agree with the defendants counsel that the prosecution should be foreclosed.

“The records of the court on Sept. 11 showed that today’s date was suggested by the prosecution but he is not in court.

“I accordingly record an order closing the prosecution and an order calling the defendants to open their defence if they so wish,” the judge ruled.

He then adjourned until Jan. 24 for hearing of the defence case.

Earlier, Mr Ogede Mohammed, counsel to Bayallah and Sunday (first and second defendants) told the court that the prosecution was not in court nor were his witnesses.

Mohammed reminded the court that the defendants were arraigned since Nov. 14, 2016 and there have been several adjournments at the instances of the prosecution.

“On Sept. 18, the court ruled on the trial within -trial and adjourned until today the second time and the prosecution and their witness are absent.

“This amount to disrespect to the court. The action of the prosecution is a clear indication that the prosecution is no longer interested in the matter,” he said.

Mohammed informed the court that the defendants have been in prison since 2016 and they have attended trials, the court should not allow them to be there indefinitely.

He urged the court to foreclose the prosecution on the overall interest of justice.

Mr Jones Osim, counsel for the third defendant aligned with Mohammed.

The police said that on July 14, 2016, at about 2 a.m., Bayallah and Sunday, at Maitama, Abuja, robbed one Mrs Ogechukwu Irono.

The police said they robbed Irono of her Samsung Galaxy Note III; 25, 000 U.S. dollars; jewelries valued at N32 million; and other personal items.

He said that the offence contravened the provisions of Section 6 of the Armed Robbery and Firearms Act.

The three defendants had pleaded not guilty to the allegations levelled against them. (NAN)

– Nov. 27, 2018 @ 14:49 GMT |