A case of theft filed against a 40-year-old herder, Bala Bawa, was dismissed by a Chief Magistrates’ Court in Lokoja on Thursday.
The case was dismissed by Chief Magistrate Beatrice Ezema of Chief Magistrate Court I, Lokoja, for lack of merit.
“In his testimony against the accused, the Prosecution Witness (PW1), Insp Umar Suleiman, stated that the Police only responded to a distress call that a criminal activity was taking place at Odo-Ape along the Kabba-Onu road.”
“When they arrived in Odo-Ape, they raided the place and arrested the accused, Bala Bawa, despite the fact that no formal complaint had been filed against him.”
“PW1 also stated that no negative reports were filed against him by members of the community in writing to the police.”
“When asked if the charge brought against the accused was solely based on hearsay, the Prosecution Witness answered affirmatively.”
“These facts demonstrate that the prosecution was unable to establish a prima facie case against the accused in order for this honorable court to convict him because the trial was based on suspicion.”
“Suspicion, no matter how strong, cannot replace proof of evidence.” As a result, the Court is required by law to dismiss such a case and immediately discharge the accused.
“Therefore, by this authority of the law, this case is dismissed for lack of merit, and the accused is hereby discharged,” the Magistrate said.
Earlier, the Prosecution Counsel, Mr Ubana Ubi, informed the Court that Bawa was arrested on September 20 for theft, an offense punishable under sections 95 and 97(1) of the Kogi Penal Code Law.
He told the Court that he was ready to prosecute the case because he had obtained a witness in the form of the Investigation Police Officer (IPO), Inspr Umar Suleiman, whom he used as evidence against the accused.