Court Discharged 3 Robbery Suspects Detained For 7 Years
Justice Modupe Nicol-Clay of the Lagos State High Court in Igbosere on Monday struck out a robbery charge filed by the Lagos State Government against three men: Abubakar Ali, Abdullahi Ibrahim and Abdulraman Abdullahi for lack of diligently prosecution.
The defendants: Ali, 29, a labourer; Ibrahim, 32, unemployed; and Abdullahi, 25, commercial motorcyclist were first arraigned by the police before a Lagos State Magistrates’ Court in 2012 for alleged robbery.
After their arraignment seven years ago, the police had urged Chief Magistrate Ope-Agbe to remand the trio in prison pending advice from the Department of Public Prosecution (DPP).
The DPP later recommended their trial and the case was transferred to the high court where the defendants were arraigned before Justice Nicol-Clay in July 2013.
The state then re-arraigned the defendants on a two-count charge of conspiracy to commit armed robbery and robbery, both of which are contrary to Sections 295 (2) (b) and 297 of the Criminal Law of Lagos State, 2011.
The judge was told that the defendants, at about 4:50pm on or about September 6, 2012, at 404 Close, Banana Island, Ikoyi Lagos, robbed one Adeshina Oyeniran of four Handsets, jewellery and recharge cards of various networks all valued at N220,000.
But they all pleaded not guilty to the charge.
The prosecution informed the court of its intention to call six witnesses, Olowookere Stephen, Adeshina Oyeniran, Temidayo Oyeniran, Yetunde Arikawe, Corporal Eje Agada and Sergeant Bashiru Adeleye.
But following the commencement of trial and several adjournments, no witness was available.
At the resumed hearing of the case on Monday, defence counsel Mrs. Grace Adenubi and Busola Byron of the Legal Aid Counsel questioned the prosecution’s willingness to go on with the trial.
Adenubi said, “My Lord, this is a 2013 case. For six years, the prosecution has not been able to present witnesses.
“There has been no witness since arraignment. We apply that the case against the defendants be struck out.
“Our application is anchored on Section 36 of the 1999 Constitution (as amended) which guarantees every defendant the right to fair hearing within a reasonable time. This case is long overdue for striking out, in the interest of justice.”
Justice Nicol-Clay agreed with the defence counsel and struck out the case for lack of diligent prosecution.
