Alleged falsehood: Court slams N100,000 against prosecution for stalling Melaye‘s trial

An FCT High Court Maitama on Tuesday ordered the prosecution to
pay N100, 000 for stalling trial of the Sen. Dino Malaye in alleged
falsehood filed against him.

Melaye, the senator representing Kogi West in the National
Assembly, is charged with two counts bordering on giving false
information to the police.

The Federal Government arraigned Melaye, alleging that he,
sometime in April, 2017 deliberately gave false information to the
police.

The judge, Justice Olasumbo Goodluck gave the order after the
prosecution informed the court that their witnesses were not in
court.

Goodluck held that by the provisions of Section 396 (4)(6) of
the Administration of the Criminal Justice Act, 2015, parties are
entitled to five adjournments and nothing more.

The judge said she was not pleased with the attitude of the
prosecution in the matter, especially when the matter was placed on
fast track, day to day hearing and the defendant’s counsel comes
from outside jurisdiction.

” A cost of N100, 000 is therefore awarded against the
prosecution instead of N250, 000 prayed by the defendant’s counsel
” she ordered.

The judge said the trial was slated for Nov. 19 and Nov. 20 and
both dates of trial are stalled for failure of the prosecution to
bring their witnesses to court.

Goodluck then adjourned the matter until Dec. 5, for
continuation of trial.

Earlier, the prosecution counsel, Mrs N.O.Ezra informed the
court that her witnesses were not in court.

Ezra then prayed the court for an adjournment to enable them
bring their witnesses.

Responding, defence counsel Olusegun Odubela, SAN, told the
court that this was unfair to the defendant because the witness
could not be more involved in Kogi election than the defendant who
was a candidate in the election.

Odubela added that the prosecution did not the court the
whereabout of their fourth witness.

” The court should be guided by the provisions of sections 396
(4)(6) of ACJA and 36 (4) of the 1999 constitution as amended.

” The prosecution has not adduced any cogent reasons why their
witnesses are not available in court, in case the court grants them
an adjournment, we will be asking for a cost of N250, 000, he
said.

Odubela further told the court that since last sitting on July
4, the prosecution could have known and inform the court and the
defendant’s counsel who comes from another jurisdiction.