The Magistrate Court 1 sitting in
Kaduna has dismissed the suit filed by Kaduna State Commissioner of Police
against Kaduna based Journalists, Mr. Midat Joseph.
According to the First
Information Report, FIR, obtained by our correspondent, Midat and one other
were charged for criminal conspiracy, inciting disturbance and injurious
falsehood.
Midat Josep, the Kaduna State
Bureau Chief of Leadership Newspaper was arrested on Wednesday, 19th April,
2017 and detained by the men of the Nigeria Police Force, the Criminal
Investigation Department (CID) and later released on bail granted by the same
court after spending two night at the Police.
It would be recalled that Midat
was arrested over a comment on Whatsapp platform group chat where he had
contributed to a conversation.
He was detained at the
metropolitan police station also known as metro police by the CID from where he
was transferred 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.
When the matter came up for
hearing without the appearance of the prosecutors who had failed to appear in
court for the first and second time, the presiding magistrate, Chief
Magistrate Emmanuel Yusuf struck out the suit for lack of diligence prosecution.
The Judge’s decision followed an
application from the counsels to Midat, Barristers James Kanyip Esq and Maxwell
Kyom Esq for the matter to be struck 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 Midat on the same matter.
The judge who, however, declined
to grant the restraining order, discharged and acquitted Midat, and one other
of the offence they were been held for.
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 organizations for standing in his support during the
period of his trials.
He expressed confidence in the
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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