Justice Sunday Aladetoyinbo of an FCT High Court on Monday slammed the police for lack of diligent prosecution in the case filed against ex-policeman, Gabriel Achimi, charged with alleged culpable homicide.
In a ruling filed by Achimi’s counsel, Akin Akintan, Aladetoyinbo, ordered the police to transfer the case the Director of Public Prosecution for lack of diligent prosecution.
Akintan sought the court to strike out the case and discharge the defendant.
He said: “It has been said that justice is 3 – way traffic, justice for the victim, the defendant and for the society.
“I hereby make an order that the case file be transferred from the police to the DPP of the Ministry of Justice for diligent prosecution.
“Also the prosecutor, Donatus Abah who brought the case should be summoned to the court to show cause why he abandoned the case.”
He also ordered that the court registrar to write a letter to the chairman, Police Service Commission stating that Abah disrespected the order of the court.
He held further that for the sake of justice and fair hearing, the court would neither strike out the case nor discharge the defendant because he was standing trial for culpable homicide.
Aladetoyinbo held that the case adjourned the case four times.
He said: “The police deliberately refused to obey the court order and come to prosecute their case which forced the defendant’s counsel to file that motion.”
He then adjourned until December 12 for definite hearing.
The defendant through his counsel, Akin Akintan, filed a motion on September 26.
The motion prayed the court to alternatively grant bail to the defendant having been in detention since February 27, 2018, when he was arraigned.
Akintan in the motion reminded the court that the prosecution had failed to appear in court since the arraignment of the accused.
He said: “The defendant has been in detention for a long time now without trial and the prosecution does not care. There should be a limit to the lethargy of the prosecution.”
The judge said the case against the defendant was a murder case which must be carefully followed.
The police on February 27 had alleged that on May 10, 2017 at about 8 p.m., Achimi shot one Ishaku Musa, a commercial motorcycle rider at Gishiri junction, Abuja.
They alleged that the act led to the death of the deceased.
The police in the charge said that the offence contravened provisions of section 224 of the Penal Code.
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