Court frees robbery suspect for lack of evidence
An armed robbery suspect, Ayo Omoniyi, was yesterday discharged and acquitted by an Abuja High Court for lack of diligent prosecution of his case by the Police.
The court held that there is no evidence upon which to convict the accused person since the law presumes him innocent until proven guilty.
It also concurred with the defence lawyer that the prosecution has abandoned the case since it has taking no further action in the trial of the accused persons for over one year.
Ruling on a motion for the discharge of the accused person on grounds of fundamental human rights filed by Omoniyi’s lawyer Tawo E. Tawo, trial judge Hussein Baba Yusuf said “the court is not a warehouse where accused persons are kept indefinitely”.
Besides warning the freed suspect to be of good behavior in the society, the judge further ordered that relevant data including the photograph of Omoniyi be captured by the court and transmitted to relevant security organizations for close observation.
Omoniyi, 32 was arraigned in September, 2009, by the Commissioner of Police, Federal Capital Territory command on allegations of criminal conspiracy, house breaking and robbery alongside two others now at large.
He was remanded at Kuje prison since then without a formal charge or a conclusive report of investigation on his alleged involvement in the said offences.
Daily Trust Tuesday 18th January, 2011
Page 9
By John Chuks Azu