A court, on Monday, discharged four out of the six #EndSARS protesters who were charged with unlawful assembly in November 2020.
The police had arrested them while they were peacefully demonstrating along with many others in front of the National Assembly complex in Abuja.
The Chief Magistrate’s Court in Wuse Zone 2, Abuja, gave the order terminating the case against four of the defendants on the grounds of lack of diligent prosecution of the case by the police.
The four defendants – Olutosin Adeniji, Abdusalam Zubarur, Paul Akinwumi, and Devour Chomo – were present at Monday’s proceedings, while the two others – Yasidu Bashiru and Kabiru Garzali – were absent.
The defence lawyer, Henry Akwaji, had earlier on Monday applied for the dismissal of the case, following the absence of the prosecution team from court.
The prosecution was also absent during the hearing of the defendants’ bail application on November 11.
Mr Akwaji said on Monday that by virtue of section 351 of the Administration of Criminal Justice Act (ACJA), 2015, the absence of the prosecution from court showed lack of diligent prosecution.
When asked by the magistrate, Musa Eneye, about the absence of the two of the defendants, Mr Akwaji said they fell ill and were receiving traditional treatment in Kaduna.
Responding, the magistrate noted that there was no medical report to support the claim of ill health status of the two defendants.
“That the defendants, Olutosin Adeniji, Abdusalam Zubarur, Paul Akinwumi, and Devour Chomo, are discharged and the complaint against them dismissed,” Mr Eneye ruled.
He adjourned the case of the remaining two defendants till March 24.
