Justice Salisu Garba of an FCT High Court, Maitama, on Wednesday,  struck out an armed robbery charge filed against a taxi driver and a fruit seller for lack of diligent prosecution
The police charged Hayatu Ya’u, 29, and Manir Abdullahi, 26, with armed robbery in 2018.
Justice Garba discharged them and struck out the case following an application by defendant’s counsel, Mr Bello Wali, praying for their discharge.
“I am convinced that the prosecution was served severally but failed to appear and it is fair for the accused to gain their freedom.
“This is a gross violation of Section 36 of 1999 constitution as amended, consequently, the case is hereby struck out for lack of diligent prosecution,” Garba said.
In his application to discharge his clients, Wali prayed the court to free the accused persons for failure of the prosecution to open their case after several adjournments.
He added that the prosecution counsel failed several times to appear despite hearing notices duly served him.
The Commissioner of Police, FCT in 2018, arraigned them on a two-count charge bordering on armed robbery.
The charges read that Ya’u and Abdullahi were on Feb. 28, 2018 caught with offensive weapons by the Police.
The police also accused them of stealing five television sets and two laptop computers from the Redeemed Christian Church of God (RCCG) located at Ministers Hill, Katampe Abuja.
Other items allegedly taken away from the church are two video cameras and four standing fans.
The Police said that they conspired among themselves to commit armed robbery punishable under Section 6(b) of Robbery and Firearms Act 2014. (NAN)