An FCT Top Courtroom Maitama on Tuesday ordered the prosecution to pay N100, 000 for stalling trial of the Sen. Dino Malaye in alleged falsehood filed towards him.
Melaye, the senator representing Kogi West within the Nationwide Meeting, is charged with two counts bordering on giving false data to the police.
The Federal Govt arraigned Melaye, alleging that he, someday in April 2017 intentionally gave false data to the police.
The pass judgement on, Justice Olasumbo Goodluck gave the order after the prosecution knowledgeable the court docket that their witnesses weren’t in court docket.
Goodluck held that by way of the provisions of Segment 396 (4)(6) of the Management of the Felony Justice Act, 2015, events are entitled to 5 adjournments and not anything extra.
The pass judgement on mentioned she used to be now not proud of the perspective of the prosecution within the subject, particularly when the subject used to be positioned at the rapid observe, each day listening to and the defendant’s suggest comes from out of doors jurisdiction.
” A price of N100, 000 is due to this fact awarded towards the prosecution as a substitute of N250, 000 prayed by way of the defendant’s suggest ” she ordered.
The pass judgement on mentioned the trial used to be slated for Nov. 19 and Nov. 20 and each dates of the trial are stalled for the failure of the prosecution to carry their witnesses to court docket.
Goodluck then adjourned the subject till Dec. 5, for the continuation of trial
Previous, the prosecution suggest, Mrs N.O.Ezra knowledgeable the court docket that her witnesses weren’t in court docket.
Ezra then prayed the court docket for an adjournment to permit them to carry their witnesses.
Responding, defence suggest Olusegun Odubela, SAN, advised the court docket that this used to be unfair to the defendant for the reason that witness may now not be extra excited by Kogi election than the defendant who used to be a candidate within the election.
Odubela added that the prosecution didn’t the court docket the whereabout in their fourth witness.
” The court docket must be guided by way of the provisions of sections 396 (4)(6) of ACJA and 36 (4) of the 1999 charter as amended.
” The prosecution has now not adduced any cogent the explanation why their witnesses aren’t to be had in court docket, in case the court docket grants them an adjournment, we can be requesting a value of N250, 000, he mentioned.
Odubela additional advised the court docket that since ultimate sitting on July 4, the prosecution can have identified and tell the court docket and the defendant’s suggest who comes from some other jurisdiction.