By Nicholas Obisike/Seyi Adio
Justice Afamefuna Nwobodo of Enugu State High Court, on Tuesday discharged and acquitted Onyeka Okpala of theft cost for lack of diligent prosecution.
Nwobodo struck out the case and discharged the accused for lack of diligent prosecution.
The prosecutor, Mrs J.E. Enyeagha, had instructed the courtroom that the matter slated for listening to couldn’t go on as a result of the witnesses have been once more not in courtroom.
Enyeagha mentioned that her efforts to assemble the witnesses had been unsuccessful.
Counsel to the accused, Mrs Ifeoma Okereke, instructed the courtroom that the individual within the dock was not the accused.
Okereke drew the eye of the courtroom to the cost sheet, which acknowledged that Osuji Alberto was robbed of his Blackberry cellphone and a sum of N300, 000 by two males in a tricycle.
She instructed the courtroom that the individual within the dock was a girl and never two males as claimed by the prosecution within the cost sheet earlier than the courtroom.
According to her, Alberto was allegedly robbed of the gadgets at St Mary Church Trans-Ekulu, Enugu, in September, 2011.
“It can also be on document that the incident concerned two males in a tricycle alongside the mentioned avenue and never a girl or ladies.
“My consumer has no enterprise with any blackberry cellphone and beside she has been coming to courtroom from Lagos, all this whereas.
“It is unlucky that this younger girl, who’s a graduate of Institute of Management and Technology, Enugu (IMT), is now struggling what she doesn’t find out about.
“My lord, I plead that the court should strike out this case for lack of diligent prosecution pending when the prosecution is ready to prosecute the case,” she pleaded.