Justice Sunday Aladetoyinbo of the FCT High Court sitting in Maitama, Abuja on Tuesday threatened to strike out a case of murder filed against a former police officer, Gabriel Achimi, for lack of diligent prosecution.
Achimi, 37, is charged with the murder of one Ishaku Musa, a commercial motorcycle rider, at Gishiri junction, Abuja.
At the resumed hearing of the case, Justice Aladetoyinbo was irked when the prosecution counsel, Shaibu Labaran, told the court that the Police was yet to transfer the case file of the defendant to the Ministry of Justice.
Labaran further prayed the court to grant the prosecution one more adjournment to enable it get the case file from the police.
The lawyer said that he was appearing in the matter for the first time and therefore could not proceed in the matter without the original case file from the police who initiated the criminal proceeding.
News Agency of Nigeria (NAN) reports that the defence lawyer, Mr Akin Akintan was not in court.
The judge said that the case had recorded eight adjournments already without the defendant taking his plea.
Aladetoyinbo said that he was forced to grant bail to the defendant as a result of the shoddy prosecution of the case.
“The police files murder and robbery cases and abandon them without prosecution.
“Police should not prosecute murder and robbery matters, they should transfer such matters to the Ministry of Justice.
“I am giving you this one adjournment and that would be the last; failure to prosecute your case, I will discharge the defendant,” he said.
The judge then adjourned the case to March 25, for hearing.
At one of the sittings, Akintan, the defence counsel, had objected to the detention of his client without the prosecution taking his plea.
He expressed displeasure at the several adjournments granted the prosecution on the same excuse that the case file had not been forwarded to the ministry of Justice for legal advice.
“The prosecution and witnesses are not ready for this case, we are in a circle of motionlessness, the defendant should be discharged or granted bail” Akitan prayed.
The Police on Feb. 27, 2018 alleged that on May 10, 2017, at about 8 p.m., Achimi shot Musa, around Gishiri junction, Abuja.
They alleged that the act led to the death of the deceased.
The police in the charge said that the action contravened section 224 of the Penal.
