The Lagos High Court sitting in Ikeja on Monday struck out the charges of theft of Daily Times Nigeria property levelled against two brothers, Fidelis and Noel Anosike.
Misters Fidelis and Noel, who are Directors of Folio Communications, were alleged to have stolen N1.7 billion worth of property belonging to Daily Times of Nigeria Limited.
When the case came up on before Justice Habeeb Abiru, the prosecutor, L.A. Sanusi from the office of the Director of Public Prosecution (DPP) asked the court for an adjournment of two weeks to enable his office conclude their study of the file on the matter.
Mr Sanusi told the court that there were some information which the DPP’s office required to enable them effectively prosecute the case.
At the last hearing of March 27, 2012, the prosecutor had requested for a month’s adjournment to allow him study the case which had just been transferred to the DPP by the Attorney General of the Federation, Mohammed Adoke Bello.
Counsel to the Anosike brothers, Babajide Koku however objected to this new request for an adjournment.
He asked the court instead to strike out the charges against his clients as the prosecutor was not ready to prosecute the case.
He told Justice Abiru that the prosecution did not have a cogent reason for requesting the adjournment.
Justice Abiru agreed that for an adjournment to be granted in a criminal trial, the reason for it must be cogent enough.
He admonished the prosecution for seeking an adjournment a second time, after having been granted one month adjournment the first time.
“If your home is not tidy, why should the people outside be made to suffer. It is not the number of times you appear in court that matters but how you used the adjournments,” he said.
The judge thereafter struck out the case and discharged the Anosike brothers
He however said that the prosecutor could come back to the court whenever it is ready to prosecute the case.