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From Rose Ejembi and Scholastica Onyeka, Makurdi
The high court sitting in Makurdi, Benue State has discharged and acquitted the Chairman, TAP Group of Companies, Terwase Paul, and one Mr Mson Yaasa, of an alleged case of attempted kidnapping levelled against them.
The defendants were accused by the Nigeria Police Force of an alleged attempt to kidnap the Bursar of the Joseph Saawuan Tarka University of Agriculture Makurdi.
When the case came up before Justice Maurice Ahemba Ikpambese, on Tuesday, it was dismissed for lacking in merit.
The persecuting counsel called four witnesses to back up his claim against the defendant and documentary evidence was tendered but was rejected for noncompliance with section 19 sub 2 of the state administration of criminal justice law 2019.
Justice Ikpambese held that a prima facie case is not proof which comes later when the court finds out whether the defendant is guilty or not. The evidence showing a prima facie case is such that if “uncontradicted” and if “Believe” it will be sufficient enough to prove a case against the defendants.
The court was surprised that the witness who broke the news of the alleged plans to kidnap the Bursar does not know the first defendant who was masterminding the plans to execute the kidnapping neither could he prove material involvement of the first defendant aside from hearing that he has sent N100,000 and N1,500 to Chula the POS operator.
The court held that the police didn’t show thorough evidence to establish a prima facie case against the defendant for failing to do their job thoroughly
“I have no doubt in my mind that the whole case is masterminded by the police, and a cry of wolf-wolf by the police should not be taken seriously, as the PW1, PW2 and PW3 stories which they gave are contradictory and do not hold water to convict the defendants.
“The police have failed to prove their case of prima facie against the defendant and the court without anything to hold hands on discharged the defendants on merits.
Reacting shortly after the judgment was delivered, Mr Terwase Agbem dedicated the victory to God and to the youths who are trying to make ends meet but are being frustrated by some forces in society.
