By Correspondent in Lokoja.
Chief Magistrate Beatrice Ezema of Chief Magistrate Court I, Lokoja on Thursday, dismissed the case against a herder, Bala Bawa(40) for lacking merit.
Ezema dismissed the case when it came up for hearing and the chief magistrate made some observations pertaining to the case during cross examination of witness by prosecution.
She said: “The Prosecution Witness (PW1), Insp.Umar Suleiman, in his testimony against the accused, said that the Police only acted on a distress call that a criminal activity was being carried out at Odo-Ape along Kabba-Onu road.
“On reaching Odo-Ape, they raided the place and arrested the accused, Bala Bawa, even though there was no formal complaint against him from anyone.
“PW1 also said that the people of the community did not give any negative report against him in writing to the police.
“When asked whether the charge brought against the accused was solely based on hearsay, the Prosecution Witness answered in the affirmative.
“With these facts, it goes to show that the Prosecution couldn’t establish any Prima Facie case against the accused for this honourable court to convict him as the trial was based on suspicion.
“Suspicion, no matter how strong, can’t substitute proof of evidence. Consequently, the Court has been enjoined by Law to dismiss such a case and discharge the accused forthwith.
“Therefore, by this authority of the law, that this case is dismissed for lack of merit and the accused is hereby discharged,” the Magistrate declared.
Earlier, the Prosecution Counsel, Mr Ubana Ubi, told the Court that Bawa was arrested on Sept. 20 for committing theft, an offence contrary to and punishable under sections 95 and 97(1) of the Penal Code Law of Kogi.
He also told the Court the he was ready to prosecute the case, having got a witness in the person of the Investigation Police Officer (IPO), Insp. Umar Suleiman, whom he led in evidence against the accused.
