The Plateau State High Court, sitting in Jos, the state capital, has quashed two charges of conspiracy and child trafficking brought against Sanda Ishaku, Amechi Emmanuel, Gladys Chukwuma, Rose Onu, and Barr. Osim Jones Usim by the commissioner of police.
The presiding judge, Justice C.L. Dabup, in Charge No. PLD/J74C/2017, discharged Barr. Osim Jones Usim and all four accused persons.
The quashing of the tw counts of charges followed a ruling on a Notice of Preliminary Objection filed by Barr. Osim Jones Usim on November 23rd, 2017, objecting to being arraigned and tried and seeking an order quashing the charge against the fifth accused person and such order or further orders as the court may deem fit to make in the circumstances of this case.
According to him, the fifth accused person is charged jointly with criminal conspiracy contrary to section 97 of the Penal Code, Section 28 (3) of the Child Rights Act 2003, and Section 21 of the Trafficking in Persons (Prohibition) Law Enforcement and Administration Act 2003.
He argued that the facts contained in the Nigeria Police statement of complainant/witness made by ASCl Gutul Patrick of Area 6 Sector 1 of Operation Safe Heaven Jos dated 11th day of May, 2017, accompanying the proof of evidence served on the 5th accused person did not disclose any act or offence against the 5th accused person.
He pointed out that there is no link whatsoever
between the charge against the 5th accused person
and the proof of evidence before the court adding
that painfully too Barr. Osim Jones was never at any
time arrested alongside the 1st to 4th accused
person only to be detained when he went to STF
Operation Safe Heaven Head Office to seek for the
release of Rose Onu on the invitation of her sons as
the lawyer to her estate.
According to him, the fifth accused was transferred
to the Nigeria Police Force Headquarters in Jos,
where he was detained. The next day, he was taken
to the Upper Area Court Kasuan Nama, charged
alongside the first and fourth accused persons, and
arraigned before the FIR was withdrawn. He was
later re-arraigned before the Plateau State High
Court of Justice in Jos on an amended charge dated
14 February 2018 and filed on 15 February 2018.
The presiding judge, Justice C. L Dabup after
hearing the application to quash the charges through
a Motion on Notice and the submission of Counsel
representing the 5th Accused person (Barr. Osim
Jones Usim) resolve the two issues distilled and
formulated in the Legal argument in favour of the 5th
accused person against the complainant/respondent
and in the sum total held that the application is found
to be meritorious and the objection raised by the 5th
accused/applicant is sustained.
Justice Dabup said the charge against the 5th
accused person is quashed and he is hereby
discharged.
With this ruling on the Notice of Preliminary
Objection and the order quashing the two counts
charges against the 5th accused person (Barr. Osim
Jones Usim), he is no longer required to answer any
of the charges preferred against him at the High
Court of Justice Jos or any other Court having
established as truth that the charges were false
accusations and forcing an innocent person to
answer for an offence he was not privy to.
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