Mararaba (Nasarawa State) – A Mararaba Grade 1 Area Court, Aso Pada, on Wednesday discharged a 29-year-old engineer, Samuel Peter, arraigned over alleged theft of a Dell laptop valued at N95,000.
The judge, Mr Albert Maga, discharged Peter, a resident of Kabayi Village in Nasarawa State, for “lack of diligent prosecution’’.
At the resumed hearing of the case, the Prosecutor, Cpl. Friday Adaji, had prayed the court for an adjournment to enable him field the investigating police officer.
Maga, however, refused the application, holding that he had indulged the prosecution with several adjournments on the excuse of non-availability of their witness in court.
He reminded the prosecutor that at the last sitting he pledged to produce the witness on the next adjourned date.
“The case has suffered series of adjournments at the instance of the prosecution, which failed to call any witness.
“Every person charged with an offence is considered innocent until proven guilty by the prosecution.
“it is no longer in the interest of justice to adjourn the matter again due to the failure of the prosecution to produce its witnesses in court.
“I, hereby, invoke Section 165 of the Criminal Procedure Code to strike out the matter and discharge the accused for want of diligent prosecution,” Maga said.
Maga also advised Peter not to commit crime again and be close to God.
The News Agency of Nigeria (NAN) recalls that the matter was reported at the police station on June 12, 2015 by one Maxwell Franco of Old Custom Quarters, Mararaba.
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The prosecutor had said that the accused unlawfully entered into the complainant’s room and stole his Dell laptop valued at N95,000, an act that contravened the Penal Code.
He said after stealing the laptop the accused took to his heels before he was arrested by neighbours.
The accused had pleaded not guilty to the charge. (NAN)
