The FCT Upper Area Court on Monday discharged three accused persons, Mohammed Garuba, 27, Mohammed Abubakar, 32 and Adamu Saleh, 18, for lack of dilligent prosecution.
The three accused persons were arraigned on Dec. 8, 2010, for conspiracy and armed robbery, which contravened section 306 of the Penal Code.
At a resumed hearing on Monday, the Counsel to the accused persons, Mr Ovie Ojefia, told the court that the prosecution was not in court at the last adjournment date.
He said that there was no letter from the prosecution on the said date to intimate the court on why he could not appear in court.
Ojefia noted further that the matter was further adjourned to come up on March 5, yet the prosecution was not in court without reason.
He, therefore, prayed the court to discharge the accused persons in pursuant to section 165 of the Criminal Procedure Code (CPC) and Section 36 Sub Section 5 of the Constitution.
The Judge, Malam Adamu Waziri, held that the prosecution had not produced any witness against the accused persons since they were arraigned, adding that the case had not been prosecuted diligently.
”I uphold the application of the defence counsel and hereby discharge the accused persons.”