Court out strikes case against 4 cab drivers for lack of diligent prosecution

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A Chief Magistrates’ Court in Gwagwalada, FCT, on Thursday, struck out a criminal trespass case filed against four taxi drivers for lack of diligent prosecution.

The police charged Taiwo Bamidele, Gbenga Olaoye, Segun and Jonathan Adeka with criminal trespass, disobedience to order dully promulgated by public servant, citing disturbance and disturbance of public peace,

Delivering a ruling, Chief Magistrate Aliyu Shafa, struck out the case, following an application by Yusuf Danlami, the Defence Counsel.

Shafa, before striking the case, said that the case was first mentioned in January 2020 and had since suffered several adjournments.

“Since this case was mentioned in 2020, it has suffered seven adjournments including one during the lockdown period. The prosecutor has not produced any witness before the court.

“The court has given you enough time to produce your witness(es). In the interest of justice, I am striking it out for lack of diligent prosecution. The defendants are hereby discharged.

”This court has had enough of excesses of the prosecution and would no longer do so.” he held.

Earlier, the defence counsel had applied for the matter to be struck out for lack of diligent prosecution, citing sections 395 and 119 sub-section 3 of the Administrative of Criminal Justice Act (ACJA) to buttress his claim.

The police alleged that the defendants and others at large, intentionally trespassed into the Nnamdi Azikiwe International Airport, Abuja with the intent to commit an offence on Jan. 8, 2020.

The police further stated that the defendants engaged themselves on a physical fight and posted on media in order to jeopardise the effort of the security personnel attached to the airport.

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