Court forecloses prosecution in alleged culpable homicide case
NAN-H-81
Court
By Edith Nwapi
Abuja, March 23, 2017 (NAN) An FCT High Court, Maitama on Thursday foreclosed the prosecution in a case of alleged culpable homicide filed against one Sunday Momodu and three others now at large.
Foreclosure is a legal process by which the right of any party in a case is taken away, usually for failing to meet certain legal procedures.
Justice Peter Affen, ordered that the prosecution be foreclosed for lack of diligence.
Affen said that since the case commenced in 2014, the prosecution had only called two witnesses, while eight adjournments were granted at the instance of the prosecution.
“The defendant has been languishing in Kuje Prisons without knowing his fate, this shows lack of diligence on the part of the prosecution.
“The Administration of Criminal Justice Act provides that only five adjournments should be granted, the court cannot close its eyes to this, the prosecution is thereby foreclosed.
“The case is adjourned till April 12 for the defence to open its case,’’ the judge ruled.
Earlier, the prosecuting counsel, Mr Kenneth Ubanwa, had told the court that he was ill, and that he also did not come with any of his witnesses,
and prayed for an adjournment.
Reacting, the defence counsel, Mr Anayo Ilo, vehemently opposed the application, saying that the prosecution had already been granted eight adjournments.
The defendant, Sunday Momodu, was arraigned in 2014 on a three-count-charge bordering on culpable homicide.
Momodu, and three others now at large, were alleged to have on May 17, 2014 at Durumi, Abuja, conspired and killed Mr Chidi Okpara.
These offences are contrary to Sections 97 (1) and 221 (a) and (b) of the Penal Code. (NAN)
NEO/DOR/OU
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Edited by Nyisom Dore/Obike Ukoh
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