A Kaduna Chief Magistrates’ Court, on Tuesday, struck out an assault case filed against a 39-year-old woman, Esther Tunde, for lack of diligent prosecution.
Magistrate Ibrahim Emmanuel struck out the case and discharged Tunde, after listening to the submission of the defence counsel, Gabriel Joshua.
Joshua had earlier prayed the court to strike out the case, as the prosecution had shown enough sign of lack of interest in it.
Citing relevant sections of the Administration of Criminal Justice Act, ACJA, 2015, Joshua said the case had suffered many adjournments at the instance of the prosecution.
He said that while both the complainant and the prosecution were aware of the adjourned date for the hearing, the prosecution and his witnesses were absent without any reason.
“There is no information or letter explaining their absence.
“It is against public policy to hang an accusation on the neck of a citizen and keep him perpetually bound in court.
“Besides, the court is not a dumping ground of cases,” Joshua said.
He urged the judge to strike out the case and discharge his client, who, he said, had been appearing voluntarily in court.
Tunde of Malali, Kaduna State, was first arraigned on Jan. 15, on a two-count charge of assault and causing grievous hurt.
She had pleaded not guilty.
