By Stanley Onyekwere
A Federal Capital Territory (FCT) High Court, Zuba, has discharged and acquitted Mr. Ewelike Samuel, who was charged with theft and criminal breach of trust.
The Attorney-General of the Federation had charged Samuel of the Federal Fire Service(FFS) on eight counts bordering on the said offences which he pleaded not guilty to.
Delivering judgment, Justice Kezziah Ogbonnaya said that the court could not rely on unsubstantiated mere allegations because doing so would not be in the interest of justice.
Ogbonnaya said that the prosecution could not tender to the court the vehicle licenceshowing the chassis number of the vehicle for the court to determine if it was the same vehicle recovered in Lokoja, Kogi state.
She added that Samuel was not part of the people caught with the stolen vehicle when it was found.
“The court after considering the evidences tendered by the prosecution and defendant, I hold that the prosecution was not able to establish and prove the crime against the defendant.
“The court however discharges and acquits the defendant of all the crime against him”, she said.
Ogbonnaya also ordered the FFS to recall the defendant to resume his duty and payhim all his allowances and salaries required.
She added that all his promotions from 2013 when he was tortured should be restored.
Earlier, the Prosecution Counsel, Baguda Sani had alleged that Samuel moved a Nissan Urvan bus and Toyota Hilux Jeep being property of the FFS on Oct.31, 2012 and Jan. 25, 2013.
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