Why judge foreclosed prosecution case in murder trial

Justice Peter Affen of an FCT High Court, sitting in Maitama has foreclosed the case of the prosecution in the trial of Sunday Momodu and three others at large over alleged culpable homicide for lack of diligence. Momodu was arraigned in 2014 on a three-count charge bordering on culpable homicide. He was arraigned alongside three […]

Justice Peter Affen of an FCT High Court, sitting in Maitama has foreclosed the case of the prosecution in the trial of Sunday Momodu and three others at large over alleged culpable homicide for lack of diligence.

Momodu was arraigned in 2014 on a three-count charge bordering on culpable homicide. He was arraigned alongside three others still at large for allegedly conspiring to kill one Chidi Okpara on May 17, 2014 at Durumi, Abuja. These offences are contrary to sections 97(1) and 221(a&b) of the Penal Code.

At the resumed hearing Thursday, prosecuting counsel, Kenneth Ubanwa, told the court that he was ill and also did not come with any of his witnesses and prayed for an adjournment.

In opposing the application for adjournment, defence counsel, Anayo Ilo, told the court that the prosecution had already been granted eight adjournments.

Justice Affen thereafter ordered that the prosecution’s case be foreclosed for lack of diligence. He said since the case started in 2014, the prosecution has only called two witnesses and eight adjournments have been granted in 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 (ACJA) provides that only five adjournments should be granted. The court cannot close its eyes to this, the prosecution is thereby foreclosed,” he ruled.

The judge thereafter adjourned the case to April 12 for defence to open its case.