*‘Justice Delayed Is Never Justice Denied’
A FEDERAL Capital Territory (FCT) High Court in Maitama, on Monday, October 7, discharged Senator Dino Melaye of allegations of escape from custody and damage to Police property.
Melaye was arraigned before the court on March 5, 2019, on six-count charge bordering on attempted suicide, attempt to escape from custody and damage of Police property.
Delivering judgment, Justice Slyvanius Oriji held that the prosecution failed to prove its case beyond reasonable doubt against Melaye in the remaining four counts, noting: “The evidence of the PW3, Sgt. Adamu Mohammed, before the court that Melaye forced the door of the Toyota Hiace open was inconsistent with his (Mohammed’s) written statement tendered as Exhibit 5.
“The court believes Melaye’s evidence that he had asthma attack on the day of the incidence, holding that the prosecution failed to cross-examined him on his evidence that he was taken by the Police to the National Hospital, where he spent 28 days.”
Oriji held that the prosecution failed to prove the allegation that the defendant forced himself out of the Police bus, adding that Melaye could not have done so in the presence of Police officers, as he was with them in the bus from the time he entered and when he sat on the ground at Area 1 Roundabout.
He further held that the prosecution did not prove beyond reasonable doubt that Police officers wanted to re-arrest the defendant and he resisted.
The Judge further held that the allegation that Melaye was taken away by his thugs in a Hilux van was also not proven beyond reasonable doubt.
“There is no evidence that the defendant was with his phone when he was in the custody of the Police in the bus or that he had any communication (by telephone or otherwise) with anyone.
“There is nothing to show that the alleged thugs were known to the defendant.
“The court holds that the defendant, who, according to the prosecution, was picked (or carried like a baby) into a Hilux and taken away by alleged thugs, cannot be said to be intentional escaped from Police custody.”
Justice Oriji stated that the statement of PW4, Adamu Nafiu, in Exhibit 6, casts doubt on the credibility of his evidence that Melaye broke the window glass of the bus, adding that Nafiu’s statement in Exhibit 6 before the court exonerated and exculpates the defendant from the allegation or charge contains in Count 6.
He subsequently discharged and acquitted Melaye, holding that: “The verdict of the court is that the defendant is not guilty of the charges in courts 1,3,4 and 6.
“The defendant (Senator Dino Melaye is discharged and acquitted.”
Recall that in the charge, marked FCT/HC/CR/2792018, Melaye was said to have committed the alleged offences on April 24, 2018, while being conveyed by the Police to Lokoja, the Kogi State capital, as he forced his way out of the vehicle and escaped.
The prosecution alleged that the he sat on the ground, holding a substance in one hand, threatening to drink same to kill himself, so that he can put Police officers in trouble.
He was further alleged to have broken the glass of the Toyota Hiace in which he was being conveyed to Lokoja with his elbow and caused damage to Police property.
These, the prosecution said, contravened the provisions of Sections 148,153,173,231, 326 and 327 of the Penal Code.
Melaye, however, pleaded not guilty to the charge.
In the course of proving its case, the prosecution called five witnesses and tendered 10 exhibits before closing it case against the defendant on March 17, 2022.
Melaye, through his Counsel, Prof. Mike Ozekhome (SAN), however, filed a no-case submission.
While ruling on the defendant’s no-case submission on April 26, last year, Justice Oriji upheld the former senator’s submission on two of the counts against him- threat to injure public officers and attempt to commit suicide- and ordered him to entered his defence on the remaining four counts.
In his defence, Melaye testified as the sole defence witness, telling the court that he was arrested from his resident at Maitama, Abuja, and taken to Guzape Police Station, where he was humiliated.
He added that he also suffered deception from the Police, denying the allegations levelled against him by the prosecution, adding that he did not break the glass of the Police bus he was alleged to have damaged.
In his reaction to the judgment, Melaye expressed gratitude to God for giving him justice after six years, adding: “I thank God for giving me justice after six years. This is the last (12) frivolous cases against me by either the FG or IGP.
“Justice served after six years. Justice delayed is never Justice denied. God alone be praised.”
