Robbery Charges Against 3 Men Gets Nullified By Court For Lack Of Diligent Prosecution [See Details]

Robbery Charges Against 3 Men Gets Nullified By Court For Lack Of Diligent Prosecution [See Details]

On Monday in Lagos an Igbosere High Court struck out a robbery charge filed by the Lagos State Government against three men, Abubakar Ali, Abdullahi Ibrahim and Abdulraman Abdullahi.

Justice Modupe Nicol-Clay struck out the case due to lack of diligent prosecution by the government. The defendants: Ali, 29, a labourer; Ibrahim, 32, unemployed; and Abdullahi, 25, commercial motorcyclist, were in 2012 brought by the police before Mrs M. O. Ope-Agbe of an Igbosere Magistrates’ Court, Lagos.

Following an application by the police, Magistrate Ope-Agbe remanded the trio in prison custody pending advice from the Department of Public Prosecution (DPP).

However, the DPP’s legal advice recommended that the trio be tried and the case transferred to the high court where the defendants were arraigned before Justice Nicol-Clay in July 2013.

The defendants were charged on a two-count charge of conspiracy to commit armed robbery and robbery which contravened Sections 295 (2) (b) and 297 of the Criminal Law of Lagos State, 2011.

The police told the court that on Sept. 6, 2012, at 4.50p.m, at 404 Close, Banana Island, Ikoyi, Lagos, the defendants robbed one Mr Adeshina Oyeniran.

Oyeniran was robbed of four handsets, jewellery and recharge cards of various networks valued at N220, 000.

The defendants pleaded not guilty.

The prosecution informed the court that six witnesses were called but at the commencement of trial and during several adjournments, no witness appeared in court.

However, at the resumed proceedings on Monday, the defence counsel, Mrs Grace Adenubi of the Legal Aid Council, 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 any 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,’’ she said.

Upholding her prayer, Justice Nicol-Clay struck out the case.