A federal capital territory (FCT) high court in Maitama has discharged and acquitted Dino Melaye, a former senator representing Kogi west, of charges relating to damaging police property.
Melaye was arraigned before the court on March 5, 2019, on a six-count charge bordering on attempted suicide, attempt to escape from custody, and damage to police property.
In the charge marked FCT/HC/CR/2792018, the prosecution alleged that Melaye committed the offences on April 24, 2018, while being conveyed by the police to Lokoja, the capital of Kogi state.
The prosecution alleged that the former senator broke the glass of the Toyota Hiace bus in which he was being conveyed.
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The prosecution also said Melaye tried to escape and attempted to drink a substance to kill himself.
The prosecution called five witnesses and tendered 10 exhibits against the former lawmaker before closing its case on March 17, 2022.
Melaye, through his counsel, Mike Ozekhome, filed a no-case submission.
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On April 26, 2023, Sylvanus Oriji, the presiding judge, upheld the no-case application for two of the counts bordering on threat to injure public officers and attempt to commit suicide.
The judge ordered Melaye to enter his defence on the remaining four counts.
While delivering judgment in the suit on Monday, Oriji held that the prosecution failed to prove its case beyond reasonable doubt against Melaye in the remaining four counts.
The judge held that the evidence of principal witness 3 (PW3), a police sergeant Adamu Mohammed, was inconsistent with his prior written statement tendered as exhibit 5.
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“The court believes Melaye’s evidence that he had an asthma attack on the day of the incident, holding that the prosecution failed to cross-examine him on his evidence that he was taken by the police to the National Hospital, where he spent 28 days,” the judge said.
Oriji held that the prosecution failed to prove the allegation that the defendant forced himself out of the police bus and that he resisted a rearrest.
He held that the allegation that Melaye was taken away by his thugs in a Hilux van was also not proven beyond reasonable doubt.
In a reaction posted on X, the former senator said, “justice has been served”.
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“I take life as it comes, but in all the vicissitudes of life, I trust in God only. He is always with the just,” he wrote.
“The 12th and last case of FG and IGP v Dino Melaye was decided this morning in a profound judgement by Justice Oriji of the FCT High Court Maitama.
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“I was discharged and acquitted. Long journey since 2018. Truth is constant.
“Justice served after 6 years. Justice delayed is never justice denied. God alone be praised.”
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