Court sets man free over prosecution’s absence
From Sade Adewale, Ondo
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A Magistrates’ Court sitting in Ondo town, has discharged a defendant, Lomi Akinlose, standing trial over alleged theft and wilful damage over the absence of the two prosecutors in the court, without any genuine reasons
The Magistrate, Mrs Odenusi Fadeyi, struck out the four count charge against Akinlose, due to the absence of the prosecutors who were billed to commence trial in the case.
When the 29-year-old defendant was earlier arraigned before the court, he was alleged to have conspired with others still at large to steal some high tension electricity cable, valued at N350,000, property of Benin Electricity Distribution Plc (BEDC), Ondo branch.
Akinlose, with his accomplices, was also said to have unlawfully, maliciously .and wilfully damaged four electricity poles valued at N400,000, property of BEDC.
They were said to have committed the crime at about 3 .OOam at Oke-Ogun camp road, via Ondo.
The prosecution said on same date, time and place, the defendant unlawfully had in his possession, one blue colour Golf 3, with plate number REL 357 XA, which he could not give a satisfactory account of how he came about it.
The offence was said to contravene Sections 516, 383.390 and 451(1)(B)(6)(i) of the Criminal Code cap 37 Volume 1. Laws of Ondo State of Nigeria, 2006.
The defendant pleaded not guilty to the charge when it was read to him.
On Tuesday, when the case came up for trial, counsel to the defendant, Mr I. O. Ikueminisan, urged the court to strike out the case, because the prosecutors prosecuting the case were not in the court.
He said their absence in court had shown that they were no longer ready to prosecute the case.
In her ruling, the magistrate, Mrs Fadeyi struck out the case and discharged the defendant.