By Thompson Yamput
The absence of one Hassan Mohammed, stalled the delivery of judgment in a high-profile case of kidnapping by an Ajaokuta High Court in Kogi on Monday.
The News Agency of Nigeria (NAN) reports in Lokoja that the accused was reportedly moved from Kabba Custodial Centre to Kuje Correctional Centre following alleged threat of jail-break last week.
Mohammed has been standing trial since Oct. 20, 2020, when he was arrested and detained over alleged kidnap of a minor at Ajaokuta.
Mrs Hauwa Yusufu, the Kogi Solicitor-General and Permanent Secretary, Ministry of Justice, has been prosecuting the case from day one to adoption of written addresses by both prosecution and defence counsel.
Yusufu had told the court that the accused was not in court as expected by law when the case which is before Justice R.O. Ayoola of the Ajaokuta High Court, sitting at the State High Court premises, came up for judgment.
“My Lord, I am afraid if the judgment delivery can continue today due the absence of the accused person.
“We understand that the accused, Hassan Mohammed, had been moved to Kuje Correctional Centre from the Kabba Custodial Centre following alleged threat of jail-break.
“We tried to see that he is brought to court today but to no avail, as such we shall be asking for an adjournment to enable us bring him before your lordship for the judgment,” Yusufu pleaded.
But the Defence Counsel, Mr Lawrence Ilohuno, argued that the judgment could still be delivered in the absence of the accused.
Ilohuno cited an authority and the judgment of the Court of Appeal (COA) delivered by Justice Hussein Muktar in 2013, stating that the judgment could be delivered in the absence of the accused person.
“My Lord, the COA says that an accused person must be present only during his/her trial for him or her to make his or her input.
“But in this case, it is the judgment where the accused’s input is immaterial and not necessary because he, Mohammed, has no input to make, and so this judgment can still be delivered, ” he argued.
The prosecuting counsel, however, countered the argument with another COA decision, which says, “In criminal matters, an accused must be present throughout his or her trial.
“Looking at the case of Ikensu vrs the State, reported in 2016 Law pavilion, electronic Law, the COA decision on it says that an accused must be present throughput his or her trial in criminal matters.
“My Lord, we will ensure that the accused will be here during the next date for him (accused) to plead allocutus,” Yusufu said.
Justice Ayoola, after listening to the arguments from both sides, adjourned the case until Feb. 23. (NAN)
