Godwin Tsa, Abuja
A High Court of the Federal Capital Territory (FCT) on Tuesday ordered the prosecution to pay N100, 000 for stalling trial of the Senator Dino Malaye in an alleged falsehood suit filed against him.
Melaye, who is representing Kogi West in the National Assembly, is facing trial before the court on charges bordering on giving false information to the police.
The Senator is alleged to have sometime in April 2017 deliberately given false information to the police.
However, when trial resumed on Tuesday, the prosecution counsel, Mrs N O Ezera, informed the court that her witnesses were not in court.
She accordingly prayed the court for an adjournment to enable her bring her witnesses in court.
But responding, the 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 tell 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, it was argued.
”The prosecution has not adduced any cogent reasons why their witnesses are not available in court. In case the judge 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 informed the court and the defendant’s counsel who comes from another jurisdiction.
Irked by the development, 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 the 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 November 19 and 20, and both dates of the trial are stalled for the failure of the prosecution to bring their witnesses to court.
Goodluck then adjourned the matter until December 5 for the continuation of trial.