The absence of a prosecution counsel, Noel Omeji, at an FCT High Court in Kubwa, Abuja, stalled the trial of Yusuf Mustapha and Augustine Lucky, accused of culpable homicide.
The police arraigned Mustapha and Lucky, on three counts charges bordering on culpable homicide and armed robbery.
At the resumed trial, the defence counsel, Akpa Udoka, told the court that Mustapha had spent three years in detention, adding that the prosecution counsel was absent on Monday, the last adjourned date.
Udoka however, applied that the court exercised its discretion in line with Section 351(1) of the Administration of Criminal Justice Act (ACJA), and discharge Mustapha for lack of diligent prosecution.
Temitope Ayodele, counsel to Lucky, aligned herself with Udoka’s application, and prayed the court to discharge her client.
Justice Keziah Ogbonnaya, however, said the prosecution counsel had not appeared after the defendants were arraigned in 2021, but that the court was informed he was on training abroad.
Ogbonnaya said another counsel, Adama Musa, who notified the court, said he would inform the police’s legal department, for another prosecution counsel to takeover the case.
“Giving the nature of the alleged charges, the court will adjourn the matter until July 12, in the interest of justice and fair hearing, ” she said.
The judge also ordered the court’s registrar to write to the commissioner of police in the legal department, for another prosecution counsel to be assigned to the case.
Reports have it that the defendants, allegedly armed with a gun and other dangerous weapons, shot and killed one Oladele Nurudeen, during a robbery operation on May 17, 2019.
The prosecution counsel also alleged that the defendants forcefully collected N600,000 cash from Mrs Apkotor Roseline, on the said date, at Arab Road, Mpape, Abuja.
The offence is punishable under sections 6(b),1(2)(a)(b), of the Robbery and Firearms Act, LFN 2004.