Seven fishermen currently facing trial on a two count charge of conspiracy and an attempt to deal in petroleum products without lawful authority, before a Lagos Federal High Court, Lagos, Thursday, informed the court to dismiss the charge against them.
The seven fishermen; Sewe Peter; Gbekpo Oke; Tito Seraphen; Didi Deudone; Axipke Ajimon; Dege Semede and Videgen Remi.
They were arraigned before the court presided over by Justice Hadiza Rabiu-Shagari, sometimes in December 2017, by Lagos Division of Nigerian Security and Civil Defence Corps (NSCDC) on the two count charge.
The fishermen who are Beninios, in a no-case-submission filed and argued by their lawyer, McAnthony Aikharialea, stated that the prosecution has not been able to established or link them to the alleged charge.
At the resumed hearing of the matter, the fishermen’s lawyer, Aikharialea, told the court that his clients have an issue which they want the court to resolve in their favour.
Aikharialea, told the court that his submission is premised on on 1999 Constitution which states that ‘it is unfair to hold an individual based on the offence they did not commit’.
The fishermen’s lawyer also stated that since the commencement of the trial of the case, the prosecution have failed to lead evidence or create facts and circumstance that the court could infer or make inference of the alleged offences. Adding that the prosecution and its witnesses have no cogent basis of arrest but by mere suspicion which has no colour or reckoned in our law.
The fishermen’s lawyer therefore urged the court to uphold his clients’ no-case-submission, and discharge his clients of the charge and dismiss the charge equally.
Responding, NSCDC lawyer, Mrs. Ezeli Rita, said she has filed a written address to the fishermen’s no-case-submission, which she equally adopted.
However, Justice Rabiu-Shagari, after hearing from both parties, adjourned the matter till June 25, for ruling.
