Kogi High Court sitting in Lokoja has struck out for want of diligent prosecution, the case of alleged assassination attempt on Senator Dino Melaye representing Kogi West Senatorial District.
The trial judge, Justice Fola Ajayi who struck out the case on Tuesday in Lokoja said his decision was premised on the fact that the prosecution had failed to open its case in spite of four adjournments.
Ajayi said that the failure of the prosecution left him no choice but to strike out the case in the circumstance, however gave a consequential order that the prosecution could start their case afresh whenever they were ready.
Justice Ajayi was particularly irked by the prosecution when they insisted that the case file was not available to them but with the lead counsel, ACP Lough Simon, who was absent on account of the death of his father.
The legal icon said that the prosecution had presented same excuse on four previous adjournents and granted them and 45-minute stand down to enable the prosecution get the case file but failed.
Recalled that the defendants, Alhaji Taofiq Isa, Kogi chairman of the Association of Local Governments of Nigeria (ALGON) and Ade Obege, Abdullahi Isah, Michael Bamidele and Ahmed Ajayi were standing trial for alleged conspiracy to murder the Senator.
They were said to have while acting in concert and armed with guns invaded the resident of the Senator on April 14, 2017 and fired guns severally at the house and rooms while Melaye, his family and security aides were in the house.
The defendants In the case No. HCL/58c/2017 between the Inspector General of Police and Alhaji Taofiq Isah and four others were arraigned on a five count charge of conspiracy to commit culpable homicide punishable with death.
They were also alleged to have committed the offence of abetment contrary to section 83 and punishable under Section 91 of the Penal Code.
The prosecution alleged that Isah authorised, during the attack, the use of the ambulance of General Hospital, Iyara, for the operation to kill Melaye and his household.
Other offences include causing wrongful damage to the properties contrary to section 326 and punishable under section 327 of the penal code as well as possession of firearms without licence contrary to section 27(1)(a) of the Fire Arms Act CAP F28 LFN 2004.
Reacting to the ruling Alhaji Taofiq Isa who is also the administrator of Ijumu local government expressed joy and described the ruling as an act of God, saying that the Judiciary still remained the hope of the common man
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