A dispute case involving the Commissioner of Police and the deceased defendant, Wasiu Abubakar, has been terminated amidst allegations of misleading conduct by the nominal complainant.
The case stemmed from a report filed by Mr. Sylvanus Ajaokomo on September 24th, 2022, accusing Abubakar of trespassing onto his property in the Majesurawa Area of Kwara State.
The complaint alleged that Abubakar not only trespassed but also damaged Sylvanus’s fence and stole three loads of tipper sand, actions that violated sections 348, 287, and 328 of the penal code law.
Initially, the defendant’s counsel, S.A Omotosho, moved for the termination of the case due to what he cited as a lack of diligent prosecution, a motion that was granted by the Upper Area Court in Ganmo, resulting in the case being terminated.
However, the prosecutor claimed that the nominal complainants refused to inform him about the death of the defendant before the sitting.
During the recent sitting on March 4th, 2024, Mr. Sylvanus complained that the court orderly, Inspector Aturu Oluwakemi, had failed to serve notice to the defendant. Inspector Oluwakemi refuted this claim, stating that Sylvanus’s failure to provide adequate resources hindered the process.
In response, Mr. Sarafa Omotosho, the defendant’s lawyer, condemned Sylvanus’s actions, highlighting that the defendant, Wasiu Abubakar, had passed away on February 25, a fact known to Sylvanus.
Omotosho questioned Sylvanus’s motives in pursuing a case against a deceased defendant and criticized the prosecutor for not informing him of Abubakar’s death.
After hearing arguments from both sides, the presiding judge, Honourable Adam Suleiman, chastised Sylvanus for misleading the court and allowing proceedings to continue despite the defendant’s demise.
Judge Suleiman emphasized the gravity of the situation, reminding Sylvanus that once a party involved in a case is deceased, the case is typically terminated.
Following the judge’s ruling, several individuals pleaded on behalf of Sylvanus, leading Judge Suleiman to ultimately terminate the case due to the defendant’s death.
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