The Magistrate Court 1, sitting in Kaduna, has struck out the case filed by Kaduna State Commissioner of Police against a Kaduna-based journalist, Mr. Midat Joseph.
Mr. Joseph, the state’s Bureau Chief of LEADERSHIP Newspaper, 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 by the same court after spending two nights with the police.
He was arrested over a comment on a WhatsApp platform group chat where he had contributed to a conversation.
Joseph was detained on Wednesday, 19, at the metropolitan Police Station, Panteka, 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 he was charged to court for prosecution.
According to reports, Mr. Joseph and one other, were charged for criminal conspiracy, inciting disturbance and injurious falsehood.
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 time, the presiding magistrate, Emmanuel Yusuf struck the case out for lack of diligence prosecution.
Yusuf’s decision followed an application from the counsels to Midat, Barristers James Kanyip Esq and Maxwell Kyom Esq that the matter be struck out due to non-appearance of the prosecutors.
Messrs James Kanyip and Maxwell Kyom who relied on section 165 of criminal procedure law of Kaduna State, asked the court to strike out the case. The counsels also asked for an order restraining the Police or it agent from re-arresting Mr. Joseph on the same matter.
The magistrate, who however declined to grant the restraining order, discharged Mr. Joseph and one other of the offence they were accused of.
Reacting to the judgment, Mr. Joseph, who was in tears, expressed gratitude to God, the Southern Kaduna team of lawyers, the management and staff of LEADERSHIP Newspapers, his colleagues, civic right organisation for standing in his support during the period of his trials.
He expressed confidence in the judiciary, adding: “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.”