Court strikes out criminal charge against trader for lack of diligent prosecution

A Grade I Area Court in Kubwa, Abuja, on Tuesday struck out a case of theft filed against a 29-year-old trader, John Jacob for lack of diligent prosecution.

Jacob, who resides at Byazhin, Kubwa, was on Dec. 21, 2017, charged with criminal conspiracy, house breaking, theft and criminal intimidation.

The defendant had pleaded not guilty to the charge..

At the resumed hearing on Tuesday, the Judge, Muhammad Adamu, struck out the matter, discharged and acquitted Jacob, following his counsel, Moses Ugwummadu’s application for the court to strike out the charge.

Ugwummadu made his application pursuant to Section 351 of the Administration of Criminal Justice Act (ACJA), saying there was no evidence to prove the allegations against the defendant.

He said the prosecution counsel, Babajide Olanipekun was not in court, adding that the case had lingered since 2017 and urged the court to grant his prayer..

The prosecution counsel alleged that the Jacob and one Ogbu Otokpa broke into the complainant, Emere Micheal’s apartment in Byazhin, Kubwa on Jan.3, 2017.

He had alleged that the defendants stole one LG plasma television valued N315, 000, five suits and shirts at N150, 000, DSTV decorder worth N9, 000, one pair of shoes valued N12, 000 and two pairs of jeans worth N15, 000.

Olanipekun had said that the offence contravened the provisions of Sections 97, 346, 287 and 397 of the Penal Code.