Illegal arms possession: Court discharges, acquits four suspects for lack of diligent prosecution

A Federal High Court sitting in Jos on Wednesday discharged and acquitted four men accused of illegal possession of fire arms and ammunition, for lack of diligent prosecution.
Justice Dorcas Agishi, who discharged and acquitted the defendants, expressed worry over the “lackadaisical attitude’’ of the prosecution in discharging their duties.
Agishi said: “Following your application for the striking out of this case and the lackadaisical attitude of the prosecution to it, I hereby strike out the case and discharge the accused persons for lack of diligent prosecution.
“The accused persons are hereby discharged and acquitted and the case struck out for want of diligent prosecution.’’
The defendants are: Daniel Mancha, Rwang Bitrus, Robert Uche and Davou Chuwang, all of Du Community in Jos South local Government of Plateau.
They were arrested on April 27, 2016, and detained by the police for being in possession of various fire arms including an AK47 and an English made Pistol, contrary to and punishable under section 517 of criminal code and section 27 (1)(a)(i) of the fur earn act CAP 28 LFN 2004.
The police, began the case on five counts and later abandoned the case was transferred to the Plateau Ministry of Justice.
K.D. Kyentu appeared last for the Ministry of Justice, on June 6, and did not appear again.
When the case came up for hearing Wednesday, Patrick Dihis, Defence Counsel, prayed the court to strike out the case.
Dihis said: “My Lord, since we began this case, the prosecution had not been serious, and I think it is fair to the accused, who since April 2016 have been in detention without us making any progress.
“I wish to apply to this honourable court be discharged and acquitted since the prosecution are not ready to prosecute their case.
“Looking at section 396 (1-7) of the Administration of Criminal Justice Act of 2015, where it frowns at failing to show up in five consecutive adjournments and the fiat for the outright striking out of the case.’’
Dihis said that it was on record that the prosecution failed to show up more than five times.
He said: “Following your application for the striking out of this case and the lackadaisical attitude of the prosecution to it, I hereby strike out the case and discharge the accused persons for lack of diligent prosecution.

“The 4 accused persons are hereby discharged and acquitted and the case struck out for want of diligent prosecution.’’