Posted by Amarachi on Thu 14th Jul, 2022 - tori.ng
Justice Muayiwah Idris struck out the case for failure of the prosecution to appear in court to diligently prosecute the matter.
An FCT high court, Nyanya has struck out a case of alleged armed robbery against five youths for lack of diligent prosecution on Thursday, July 14.
The defendants are Rilwanu Zakiru, 21, Adamu Zakiru, 19, Abubakar Sanni, 19, Abulbasit Nuhu, 21 and Abubakar Surajo, 18.
They were arraigned by the police on two counts of criminal conspiracy and armed robbery.
Justice Muayiwah Idris struck out the case for failure of the prosecution to appear in court to diligently prosecute the matter.
”The defendants were arraigned in court on Feb. 2021, since then they have been in detention and the prosecutor has failed to appear in court.
“Pursuant to the provisions of Section 351 (1) of the Administration of Criminal Justice Act (ACJA), this case is hereby struck out for lack of diligent prosecution.
”The defendants are hereby discharged” he held.
At the resumed sitting, Yusuf Kagarko, counsel for the first and second defendants informed the court that the first defendant was on admission in the hospital.
He expressed surprise that said the prosecution was not in court again.
The police arraigned the five men in February 2021 for armed robbery.
The prosecution alleged that on Dec. 24, 2020, at Karu Village, Abuja, the defendants, armed with dangerous weapons, robbed Samuel Hosea and Ernest Wisdom of their phones and N60, 000 cash.
The police said the offence contravenes the provisions of sections 1(2)(b) and 6(a)and(c) of Robbery and Firearms Special Provision Act, 2004.
They pleaded not guilty.