By
Fidelis
Reprieve came the way of the Anosike brothers, Fidelis and Noel, as the charge of theft of Daily Times property preferred against them was struck out on Monday by a Lagos High Court, Ikeja.
Fidelis and Noel, who are directors of Folio Communications, are standing trial for allegedly stealing N1.7 billion property of Daily Times of Nigeria Limited.
When the trial came up on Monday before Justice Habeeb Abiru, the prosecutor, Mr. L.A. Sanusi of the office of the Director of Public Prosecution asked the court for another adjournment of two weeks to enable them conclude their study of the file on the matter.
Sanusi told the court that there are some information which they require to enable them effectively prosecute the case.
The prosecution had at the last hearing on March 27 requested for one month adjournment to enable them study the case file which had just been transferred to the DPP by the Attorney- General of the Federation and Minister of Justice, Mr. Mohammed Adoke(SAN).
Counsel to the Anosike brothers, Mr. Babajide Koku (SAN) objected to the prosecutor’s request for an adjournment.
Koku urged the court to strike out the charge against his clients as the prosecutor is not ready to prosecute the case.
Justice Abiru said the prosecution does not have a cogent reason to ask for an adjournment.
According to him, for an adjournment to be granted in a criminal trial, the reason for it must be cogent enough.
He admonished the prosecution for requesting for an adjournment the second time, after getting one month adjournment the last 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. I gave you one month the last time and you are asking for more time, “the judge said.
He thereafter discharged the Anosike brothers and struck out the case.
However, he said the prosecutor could return to the court when it is ready to prosecute the case.
Fidelis and Noel, who are directors of Folio Communications, are standing trial for allegedly stealing N1.7 billion property of Daily Times of Nigeria Limited.
When the trial came up on Monday before Justice Habeeb Abiru, the prosecutor, Mr. L.A. Sanusi of the office of the Director of Public Prosecution asked the court for another adjournment of two weeks to enable them conclude their study of the file on the matter.
Sanusi told the court that there are some information which they require to enable them effectively prosecute the case.
The prosecution had at the last hearing on March 27 requested for one month adjournment to enable them study the case file which had just been transferred to the DPP by the Attorney- General of the Federation and Minister of Justice, Mr. Mohammed Adoke(SAN).
Counsel to the Anosike brothers, Mr. Babajide Koku (SAN) objected to the prosecutor’s request for an adjournment.
Koku urged the court to strike out the charge against his clients as the prosecutor is not ready to prosecute the case.
Justice Abiru said the prosecution does not have a cogent reason to ask for an adjournment.
According to him, for an adjournment to be granted in a criminal trial, the reason for it must be cogent enough.
He admonished the prosecution for requesting for an adjournment the second time, after getting one month adjournment the last 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. I gave you one month the last time and you are asking for more time, “the judge said.
He thereafter discharged the Anosike brothers and struck out the case.
However, he said the prosecutor could return to the court when it is ready to prosecute the case.
SOURCE: 
30 April 2012.
30 April 2012.
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