N35m theft: Court dismisses case against NUT members in Delta

14th December 2017

An Okpanam Chief Magistrates’ Court in Delta State, has discharged and acquitted five members of the Nigeria Union of Teachers (NUT), Delta State chapter who were accused of stealing and other offences.

Magistrate Chinedu Osuma discharged and acquitted them for lack of proof by the plaintiff that the accused committed the offences as contained in a certified true copy of the judgment obtained from the court.
The discharged and acquitted persons were : Adimujo Ugochukwu, Jemiriegbe Jonathan, Ejarogan Samson, Ekpah John Onyemechi and Joe Iyalekhue.
They had been arraigned on a four-count charge of felony, stealing, malicious damage and unlawful damage.
Osuma in his ruling said, “In view of the evidence adduced by the prosecution witnesses, I am satisfied that there is nothing placed before this court either by way of direct evidence or eye witness to the destruction or damage or anything circumstantial placed before me linking the accused persons to this charge.
“The prosecution being unable to identify the essential elements of the offences charge.
“I hold that none of the ingredients of the offences as described in the charges has been proved.
“I over rule the objection to the application and uphold the no-case submission.
“On the whole, the sole issue for determination is hereby resolved against the prosecution and in favour of the accused persons and so I hold.
“The accused persons are hereby discharged and acquitted of the four counts in the charge.
“The prosecution having failed to establish all the ingredients in each of the said counts in the charge.