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Today in Abuja,the Federal High Court
2,Presided over by Justice Bello set
free the former Senate President and
three-time Minister of the federal
Republic,Dr Iyorchia Ayu who has been
standing trial on charges of sedition
preferred againt him by the Olusegun
Obasanjo administration. Ayu and
others were set free for want of
diligent prosecution.A summary of what
transpired was drafted earlier in the
day by Ayu's counsel thus:
RE: FCT/ABJ/CR/21/07
FEDERAL REPUBLIC OF NIGERIA
VS
DR. IYORCHIA AYU &ORS:
SITUATION REPORT
The above subject matter we refer.
The matter came up today, Wednesday,
20th May, 2009 before Justice Bello
sitting in Federal High Court 2, Abuja.
The 1st and 3rd accused persons Dr
Iyorchia Ayu and Mr. Paul Santos Ofana
were present in court. However the 2nd
accused, Mr. Timi Frank was regrettably
absent in court as a result of poor
health. A medical report was presented
to the Court from the National Assembly
Clinic, Abuja to that effect.
Although the prosecuting counsel from
the Ministry of Justice was also not in
Court, another counsel from Ministry of
Justice (the Chief Prosecuting Officer)
Mrs. Odili announced appearance for the
prosecution.
O. Shitten counsel for the accused
informed the Court that at the last
date, 31st March 2009, the prosecution
was absent in Court and equally pointed
that out of the 16 sittings which have
taken place since the arraignment of the
accused persons, the prosecution had
only appeared three (3) times.
He further informed the Court that he
had on several occasions from 2008
visited and spoken with Mr. Barkun who
had indicated to him an unwillingness of
the Ministry of Justice continuing with
the matter; he was also intimated that
there is a letter to this effect would
be sent to Court.
Since the prosecution had never sent
letter explaining their absence from
Court even though Mrs. Odili opposed the
application for the discharge of the
accused person but instead asked for a
further adjournment so as to enable them
put their house in order.
After considering the both argument, the
learned trial Judge held that the
prosecution has not be diligent in
prosecuting the charge and consequently
discharged the three accused.
In conclusion he applied that the
accused persons be discharged for want
of diligent prosecution.
Thank you.
Yours faithfully,
PP: MESSRS RICKEY TARFA & CO.,
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