Justice Danladi Umar led Code of Conduct Tribunal (CCT) on Tuesday struck out a matter filed against former Speaker of Bayelsa State House of Assembly, Hon. Friday Kombowei Benson and four others for want of diligent prosecution.
A statement by the Head, Press and Public Relations of the Tribunal, Ibraheem Al-Hassan said, “The Tribunal made an order on the 29th of January, 2020 that if the prosecution fails to produce its witness on the adjourned date the matter would be struck out.
“In view of the order and with the present circumstance, the Tribunal seems and believed that the prosecution is not prepared to proceed. Accordingly, the matter is struck out and the five defendants are hereby discharged”.
At the resumed hearing in Abuja, the prosecution counsel led by Mr Peter Danladi told the Tribunal that the matter was adjourned for the prosecution to produce its first witness, Mr Israel Sonny, to give testimony, but he said he made frantic efforts but with no avail.
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He further stated that the second prosecution witness was equally not before the Tribunal due to other pressing official issues and pleaded with the Tribunal to give him one more adjournment in order to get his witness in court.
However, the Defence counsel, Mr Biriyai Dambo (SAN), reminded the Tribunal of its order at the last adjourned date, where it made it clear that should the prosecution fail to produce their witnesses the court would not hesitate to strike out the matter.
Dambo further reinstated his earlier request to the Tribunal to strike out the charges against his clients.
He added that, since the commencement of the case the defendants have been diligent in the course of the trial and that the defendants suffered in no small measure in transporting themselves from Bayelsa to Abuja.
Other members of the state Assembly discharged include, Mr Aaron W. Timiye, Mr Thomas Tamaraoduba, Mr Owudogu Edward and Koroye A. Stephen.
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