The Federal Government through the Ministry of Justice on Wednesday arraigned Mr Kabiru Nasiru at the FCT High Court, Jabi for alleged offence of culpable homicide.
The defendant, a resident of Gwagwalada, Abuja was first arraigned in January on the one-count charge punishable with death against the provision of Section 221 of the Penal Code.
He was said to have stabbed a man, Muhammed Salisu to death in Kumu village, Gwagwalada in November 2015.
Some villagers reported Nasiru to the police, since then he has been in the custody of the police until January when he was arraigned.
Mr Adula Samson, the defendant counsel had prayed the court to grant his client bail after he pleaded not guilty and the court did not take Nasiru’s plea.
Samson had cited Section 36(5) of the 1999 Constitution that the defendant was still innocent until the contrary was proven.
He also prayed the court to consider the provision of Section 162 of the Administration of Criminal Justice Act (ACJA) and grant the defendant bail.
At the resumed hearing on Wednesday, Samson had also prayed the court to strike out the case for lack of diligent prosecution.
According to the counsel, it is necessary due to the absence of prosecutor at the last two sittings in April and May.
He said that the prosecution did not have enough evidence that was why they were employing delayed tactics.
The counsel cited section 1 and section 351 of ACJA to buttress his point on why the court needed to strike out the case.
Meanwhile, Counsel to the prosecution, Mr Yusuf Lawan, informed the court that the prosecution had filed in an amended charge on the matter.
Lawan also told the court that the prosecution was having four witnesses to prove its case on the matter.
In her ruling, Justice Vera Venda, granted the defendant bail in the sum of N100, 000 with one surety who must own a house in the FCT and must be a permanent resident of the city.
The judge said that it was unfair on the part of the police to keep the defendant in its custody since 2015 without charging him to court until 2017.
“ACJA has zero tolerance for delay in criminal justice; he was arrested in 2015 and was brought to court until January 2017.
“There is need for the prosecution to show regards for the provision of ACJA, having spent one year in the custody, it is a special circumstance, I am sure they had no evidence to prosecute the matter or whatever the circumstance may be,’’ Venda said.
The judge therefore adjourned the matter till Sept. 26 to take the plea of the defendant on the amended charge and Sept. 27 for the hearing of the matter.
Venda also pronounced Oct. 4 and Oct. 5 for the continuation of hearing on the matter. (
NAN