Feb 3 2016
Seven years after he was arraigned by the Lagos State government for armed robbery, reprieve came the way of a 40-year-old man, Dona Jamari, as Justice Senton Ogunsanya, of the state high court sitting in Ikeja released him from prison custody.
The judge set Jamari free due to what she termed, lack of diligent prosecution of the case by lawyers from state’s ministry of Justice.
The defendant was accused of stealing from one Habib Saidu, a Samsung handset valued at N16000, while being armed with a sharp knife, razor blade and charms on March 25, 2009.
The prosecution had told the court that the crime of the defendant was contrary to Section 402(2)(a) of the Criminal Code Law Cap C17 Vol. 2 Laws of Lagos State, 2003.
But during yesterday’s proceedings, lawyers from the office of the public defender, who represented the defendant, Jamiu Alapo, argued that the prosecution has abandoned the matter, as they have failed to produce any witness to support the allegation against their client.
The lawyers therefore urged the court to strike out the charge against the defendant and also release him from prison custody until the time when the prosecution would be ready to try him.
Alapo also submitted that it was against justice and fair hearing to continue to keep the defendant in prison indefinitely without trial.
In a bench ruling, Justice Ogunsanya ordered the release of the defendant from Ikoyi prison on the ground that the prosecution was not ready to proceed with trial