DELTA, Nigeria – A Magistrate Court 3 sitting in Ebrumede in Uvwie Local Government Area of Delta State has struck out charges levelled against four defendants by Chief Kenneth Gbagi, a former Minister of Education (State).
OgeneAfrican gathered that the Court also discharged and acquitted them.
The five defendants include, Gloria Oguzie (f), Victor Ephraim (m), Roselyn Okiemute (f) and Achibong Precious (f) who were accused by Chief Kenneth Gbagi of allegedly stealing from Signatious Hotel & Suites owned by him.
The defendants were dragged before the Court on a four count charge which was filed by the Delta State Commissioner of Police, CP Mohammed Hafiz Inuwa in Charge No: ME/147c/2020.
Counsel to the defendant, Mr. Kunle Edun Esq confirmed this in a statement signed and made available on Thursday.
The legal practitioner also commended the Court for serving justice in the matter.
According to him,”The Prosecutor in the matter made an oral application to withdraw the charge on the ground that it was before the State Criminal Investigation Department, SCID and that he was constructed to withdraw the charge after due investigation of the allegations as well as the inability of the nominal complainant, Chief Kenneth Gbagi to report to the Police to prepare for trial.
“Counsel to the 1st Defendant on his own part informed the court that he was not opposed to the application for withdrawal.
“Counsel to the 2nd, 3rd & 4th Defendants, A.EAkanyo Esq, aligned himself with the submission of counsel for the 1st Defendant and further submitted and applied that the matter ought to be struck out for want of diligent prosecution as it has shown clearly that the prosecution have no case against the defendants as the court had ordered on the last adjourned date that the proof of evidence be served on the respective counsel for the defendants which was not obeyed by the prosecution.
“And as at today, it showed clearly that they are not prepared even if the prosecution had not applied for withdrawal of the charge, it is due to be struck out.
“Upon due consideration of the submissions with Counsel on all sides including counsel watching brief for the complainant, the case was struck out based on the application of prosecution and upon the strength of S353 of the Administration of Criminal Justice Law of Delta State 2017, the charge against the Defendants were struck out and the Defendants were discharged of all charges against them.”