Justice Anumonye Onyinye of an Anambra State High Court, Neni Judicial Division, has warned the prosecutor in an attempted murder case in his court to show seriousness, otherwise, he will discharge the accused persons.
Justice Onyinye gave the warning yesterday when a principal state counsel for the prosecution, Barr Anudu told the court that the prosecution witness (the investigation police officer, Oranna Peter) billed to testify was not in court on ground of ill-health.
After the lawyers in the case marked NN/20C/2023: Anambra State Vs Chibueze Uzuegbunam and one other, announced their appearance, Barr Anudu told the court that PW 2 (the IPO) sent a message to him (Anudu) that he is sick, and, that he will not be able to come to court.
Consequently, Anudu urged the court to adjourn the case.
But the lawyers to the two accused persons, including Barr Joy Nzekwe for the first accused (Chibueze Uzuegbunam), and Barr Nnamdi Chukwudebeku for the second accused (Nonso Nwoye) raised objections respectively to the absence of the PW 2.
The lawyers to the two accused persons told the court that the manner the PW 2 have refused to be in court on every adjourned date showed that the prosecution is not serious to continue in the trial of the case.
For instance Barr. Chukwudebeku told the Court that the matter had been adjourned severally “for ages” for the PW 2 to come and testify.
He informed the court that his client, Nonso Nwoye is seriously sick, and that he had even filed a medical report to that effect in the court, and urged the court to grant him bail, adding that the bail application had since been made to the court.
The defendants were remanded in prison since 2023 and applications for them to be granted bail had been made to the court two years ago.
Justice Onyinye, adjourned further hearing on the case to May 8, 2026, and warned the prosecution counsel to make sure that the PW 2 comes to court on the adjourned date, otherwise, he will discharge the accused persons.
Justice Onyinye said this when the matter came up yesterday and the prosecution counsel, principal state counsel, Barr F. C. Anudu told the court that the PW 2 (IPO, Oranna Peter from the Rapid Response Squad, Awkuzu) was sick, and could not come to the court.
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