The Magistrate Court 1 sitting in Kaduna has dismissed the suit filed by Kaduna State Commissioner of Police against the Kaduna based Journalists and Bureau Chief of Leadership Newspapers Mr. Midat Joseph.
Mr Joseph was arrested on Wednesday 19th April, 2017 and detained by the men of the Nigerian Police force, the Criminal Investigation Department (CID) and later released on bail orders by the same court after spending two nights at the Police.
It would be recalled that Midat was arrested over a comment on a Whatsup platform group chat where he had contributed to a conversation.
He was detained on 19th Wednesday at the metropolitan police station also known as metro police by the CID from where he was transfered to the Kaduna Police Command Headquarters and also held over night by the CID in their Special Anti Robbery Squad (SARS) cell from where they were charged to court for prosecution.
According to the First Information Report (FIR) obtained by our correspondent, Midat and one other were charged for criminal conspiracy, inciting disturbance and injurious false hold.
But, when the matter came up for hearing without the appearance of the prosecutors who had failed to appear in court for the first, second times the case came up for hearing, the presiding magistrate, Chief Magistrate Emmanuel Yusuf stroke out the suit for lack of diligence prosecution.
The Judge decision followed an application from the counsels to Midat, Barristers James Kanyip Esq and Maxwell Kyom Esq for the matter to be striked out as a result of non-appearances of the prosecutors.
Messrs James Kanyip and Maxwell Kyom who relied on section 165 of criminal procedure court law of Kaduna State, asked the court to strike out the suit. The counsels also asked for an order restraining the Police or it agent to arrest the Midat on the same matter.
The judge who however, declined to grant the restraining order, discharged and acquitted Midat and the other accused person for the offence they were being accused of.
Reacting to the judgment, Midat Joseph who was in tears, expressed gratitude to God, the Southern Kaduna team of lawyers, the management and staff of LEADERSHIP Newspapers, media colleagues, civic right organization for standing in the his support during the period of his trials.
He expressed confidence in judiciary, adding that “the judiciary is indeed the last hope of the common Man. The lies against me have been buried and may the name of the lord be praised.
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