A defence counsel, Mr Samuel Njoku, on Monday, urged a Lagos High Court sitting at Tafawa Balewa Square, to close a prosecution’s case against two men accused of armed robbery over failure to produce witness.
The defendants, Peter Awa and James Amakwu, are standing trial on a count charge of armed robbery preferred against them by Lagos State.
The News Agency of Nigeria (NAN) reports that the duo was first arraigned sometime in July 2018.
They, however, pleaded not guilty but were remanded.
At the resumed hearing, Njoku, told the court the prosecution had been stalling trial since 2020 due to inability to produce their witnesses.
“If my lord looks at this case, all the adjournment has been at the instance of the prosecution.
“The defendants have been in prison custody since July 2018 on the account of waiting for this witness.
“I took this case as pro bono. It is making other cases I was paid for suffer,” Njoku said.
He, therefore, urged the court to close the prosecution’s case.
According to him, the defendants have been incarcerated since they were 18 and 19 years old, respectively.
The Prosecutor, Mrs Adeshola Adekunle-Bello, in her response, urged the court to give the prosecution more time to produce the witness.
She said the witness was a police officer, who was transferred to another station, making it difficult to track him.
However, Justice Nicol-Clay, gave one more adjournment and ordered the prosecution to produce the witness at the next adjourned date.
She adjourned the case until Aug. 2 for continuation of trial.
Earlier, the prosecutor told the court that the defendants and others at large, committed the offence on June 12, 2018, at Ilasan area of Lekki phase 1.
Adekunle-Bello, said the defendants while armed with offensive weapons, robbed one Mr Owuye Abolanle, of his Tecno K7 and Tecno T350 phones.
Other items stolen are: First Bank ATM card, National Identity card and driver’s licence.
She said the offence contravened Sections 299 of the Criminal Law of Lagos State, 2015. (NAN)