Tina Amanda
A Rivers State High Court sitting in Port Harcourt, has adjourned for hearing on the fresh motion for bail filed by Counsel to the Governorship Aspirant of the Peoples Democratic Party, Farah Dagogo.
Dagogo, member representing Degema-Bonny Federal Constituency was arrested by the police and charged on two counts bordering on conspiracy and cultism by the state government.
During the proceeding, Counsel to Farah Dagogo, Cosmos Enweluzo tendered a fresh bail application in court following the fact that their initial bail application at the appeal court did not scale through because the motion was not determined at the lower court before proceeding to appeal.
He also filed an application asking the court to strike out the case in its entirety based on the fact that the Prosecution is yet to produce their witnesses in court.
The Prosecution Counsel, Chidi Ekeh, however, informed the court that his counter affidavit to the bail application was yet to be commissioned.
The presiding Judge, Justice Chiwendu Nwogu refused application of the Defence Counsel Cosmos Enweluzo to strike out the charges against his clients for lack of diligent prosecution by the state government whose witness were absent in court with reasons of traveling out of town.
Justice Nwogu after hearing from both Counsels, ruled that section 50 of the Evidence Act 201, cited by the Defense Counsel can not stand due to the fact that prosecution counsel has perfected the information needed and that prosecution has never excused themselves from the matter on same issue of travel of witness.
The court adjourned to 23 June, 2022, to determine the motion of the fresh bail application.
Speaking to our correspondent, Defense Counsel, Senior Advocate of Nigeria, Cosmos Enweluzo, expressed disappointment over the proceedings in Court, noting that the provisions of section 50 of the Evidence Act said if a public servant has the responsibility to give evidence in court and is not available, there has to be a gazette provided or a letter from the head of his department to show why he was not available for that evidence.
He explained that they have served the Prosecution another motion of bail since 10 June, 2022, adding that by Law, they are entitled to 48 hours to respond and they are yet to do it.
“As lawyers, we respect the decisions of the court but to say the least we are totally disappointed because we get to court, we are being frustrated, no business is been done, one adjournment to another. If you can not prosecute him why bring him to the court in first instance? It appears the state is satisfied with the incarceration of a member of the third arm of government and no internment to prosecute him”.
On his part, State Prosecution Counsel, Chidi Ekeh, admitted that the witnesses were not available and as such the trial was adjourned.
“The case came up for Hearing again today, but unfortunately, our witnesses are away for another matter in Abuja and so they couldn’t attend court. That’s why the hearing didn’t go on”.
