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By Correspondent in Lokoja.
An Ajaokuta High Court in Kogi State on Monday adjourned to February 23,judgement on high profile case of Kidnapping, sequel to the absence of the accused, Hassan Mohammed in court.
Our Correspondent reports that Mohammed was said to have been moved from Kabbah prison to Kuje Prison, following alleged threat of jail break last week.
The accused has been standing trial since Oct 20, 2020 when he was arrested and detained over alleged kidnapping of a minor, master Yusuf Idris, at Ajeokuta, Kogi State.
The Kogi Solicitor General and Permanent Secretary, Ministry of Justice, Mrs Hauwa Yusufu, has been prosecuting the case from day one to adoption of written addresses by both prosecution and defence counsels.
When the case, brought before Justice R.O. Ayoola, Ajeokuta High Court, sitting at the State High Court premises, came up for judgement, Yusufu told the court that the accused was not in Court as expected by law.
“My Lord, I am afraid if the judgment delivery could continue today due to the absence of the accused person.
“We understand that the accused, Hassan Mohammed, has been moved to Kuje Correctional Centre from the Kabba Custodian centre, following alleged threat of jail break.
“We tried to see that he is brought to court today but to no avail, as such, we shall be asking for an adjournment to enable us bring him before your lordship for the judgment, ” Yusufu pleaded.
However,the defence Counsel, Mr Lawrence Ilohuno, argued that the judgment could still be delivered in the absence of the accused.
Ilohuno cited an authority and decision of Court of Appeal (COA), which he said was delivered by Justice Hussein Muktar in 2013, stating that judgement could be delivered in the absence of the accused person.
“My Lord, the COA says that an accused person must be present only during his/her trial for him or her to make his or her input.
“But in this case, it is a judgement, where the accused’s input is immaterial and not necessary because he, Mohammed, has no input to make and so this judgement can still be delivered, ” he argued.
In objection Ilohuno’s argument, the prosecuting Counsel, countered it with another COA decision he cited as saying that, “in criminal matters, .an accused must be present throughout his or her trial.”
“Looking at the case of Ikensu v the State, reported in 2016 Law pavilion, electronic Law, the COA decision on it says an accused must be present throughput his or her trial in criminal matters.
“My Lord, we will ensure that the accused will be here during the next date for him (accused) to plead locutus, ” she assured.
Justice Ayoola, after listening to the arguments on both sides, adjourned the judgment to Feb. 23 for ruling and judgement.
The Reporters recalls that Kogi State witnessed a number of Kidnapping last year where a first class traditional ruler, a popular pharmacist among other victims were kidnapped and their families forced to cough out millions of naira in ransom to Kidnappers to secure the freedom of their relations.
