By Edith Nwapi
Abuja – An FCT High Court, Maitama, on Thursday granted the prosecution leave to re-open its case in an alleged armed robbery suit filed against three defendants.
The defendants: Joel Anthony, 20, Mohammed Ibrahim, 22, and William Nnam, 22, all residents of Gwagwalada, Abuja, were arraigned in 2013.Abuja.
They were arraigned on a two-court charge bordering on armed robbery and conspiracy.
The Police had alleged that the defendants armed with dangerous weapons, robbed one Awogbemu Ade of Kwali, of his car and other valuables.
The prosecuting counsel, Mr. Sani Moyi, told the court that the incident took place on July, 1, 2013 at about 9a.m.
He said the offences contravened the provisions of Sections 97(1) and 298(c) of the Penal Code.
At the last adjourned date on Dec. 12, 2017, the judge, Justice Peter Affen, had foreclosed the prosecution based on lack of diligent prosecution and adjourned for adoption of written addresses.
At the resumed hearing on Thursday, the prosecuting counsel, Moyi appeared in court with an application, and prayed the court to re-open the case.
The other counsel in the matter did not file their addresses.
Moyi told the court that he was transferred out of jurisdiction and he wrote a letter to notify the court of the transfer.
He said he was surprised to meet the case file still at the stage he left it before he was transferred.
The prosecution prayed the court to allowed him to finish the case.
Responding, counsel to the first defendant, Mr Abdulkarim Audu, said there was no cogent and compelling reason to grant the application.
Justice Peter Affen over ruled the defendant council and granted the application and adjourned the case until Feb. 14 for hearing.