Court Discharges Six Suspected Pipeline Vandals In Lagos

A Federal High Court in Lagos
has discharged six men allegedly found in possession of three boats and 800 empty jerry cans on a Nigerian National Petroleum Corporation (NNPC) pipeline at Atlas Cove in Apapa in 2013.
The accused persons are Terry Towei, 20; Luke Etowei, 22; Isaac Ebezhe, 21; Gbatomiwi Isepe, 45; Owei Ebiwei, 25; and Precious Osuwo, 24.
They were charged before Justice Mohammed Yunusa on a two-count charge of conspiracy and illegal possession of materials on the right  way of the NNPC.
Yunusa discharged the six men based on the request made by the counsel to the accused, Mr Seliwei Baidi.
Baidi told the court that the case had suffered several adjournments because the prosecutor and his witnesses had not been coming to court. He said that the accused were first arraigned on Nov. 15, 2013. According to him, they pleaded not guilty and were remanded in prison custody.
Baidi said the prosecutor only appeared twice in court and the accused had been in prison custody since they were first arraigned.
He said the prosecutor and the witnesses had since Jan. 30 abandoned the case which had suffered several adjournments. Baidi urged the court to strike out the case for want of diligent prosecution, citing Section 36 (5), (1) of the 1999 Constitution and Section 280 of the Criminal Procedure Act, Laws of the Federation.
According to him, these sections allow the court to dismiss the case, if the court deems it credible.
“I urge this court to dismiss this charge so that these men will join their families they left several months ago. “This court is not a dumping ground where cases will be brought and left unattended to.
“Whenever the prosecution is ready they can come back and begin the case afresh, but for now let these men enjoy their freedom,’’ Baidi ruled.
The judge consequently discharged the case. He said that the prosecution had refused to appear in court without an explanation.
The prosecutor, DSP Matthew Omosun, had on Nov. 15, 2013 told the court that the accused committed the offences on Aug. 18 at Atlas Cove, Apapa, Lagos. He alleged that the accused were found in possession of empty jerry cans, three wooden boats and rubber hoses.
Omosun said the offences contravened Sections 1 (19) and 3 (6) of the Miscellaneous Offences Act 2004.