Court discharges four armed robbery suspects for want of diligent prosecution

Justice Modupe Nicol-Clay of a Lagos High Court, sitting at Tafawa Balewa Square, on Monday discharged four men accused of armed robbery for lack of diligent prosecution.

The four defendants were Timothy Iduwe, Osaze Iduwe, Kelvin Osobayi and John Ainefok.

When the case came up for continuation of trial, the Lagos State prosecutor, Mrs T.O. Olanrewaju-Daudu, told the court that their witness was not in court.

She said that the key witness was out of Lagos and that they could no longer get in touch with the other witnesses.

The counsel to the first to third defendants, Miss Esther Fagbenle, told the court that the defendants have been in prison since 2017.

She said that the prosecution had only called one witness since 2019.

Fagbenle, therefore, prayed the court to close the prosecution’s case.

The counsel to the fourth defendant, Mr I. O. Bashua, however, urged the court to close the prosecution’s case for want of diligent prosecution and discharge the defendants.

He said that the prosecution has been promising to bring another witness after the first one they brought in 2019.

Bashua said that at the last adjourned date, the prosecution promised to bring their witness, “only to come today to say that they could no longer find their witnesses”.

After listening to the submissions of the defendants lawyers, Justice Nicol-Clay discharged the defendants.

The judge said that the defendants were discharged because the prosecution has not diligently prosecuted the case.

The prosecutor had told the court that the defendants and others at large robbed Chisco Nigeria Ltd, while armed with locally-made pistol.

The prosecutor alleged that the defendant conspired amongst themselves and committed the offence on March 4, 2016, at about 10:00p.m. at No. 37, Lugard Road, Ikoyi, Lagos.

She also alleged that the defendants, whilst armed with locally-made pistol and other dangerous weapons, robbed Chisco Nigeria Ltd, of 70 PCS Marine Plywood, seven tonnes of 12mm Iron rods valued at N2.2 million.

According to the prosecutor, the offence contravene Sections 297 (2) (b) and 299 of the Criminal Law, of Lagos State, 2015.

The defendants were first arraigned at the Magistrates’ Court on Jan. 24, 2017. They pleaded not guilty and were remanded in custody. (NAN)