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A Lokoja Chief Magistrate court has struck out a criminal defamation case alleged against Friday Bolarin Ogungbemi, the Publisher of The Policy and Lawmakers Magazine who was arrested and detained for seven days on the 30th November, 2016 by the Department of State Services (DSS) on the order of the Kogi State Government.
In a State instituted suit no. CMCL/CR/139/2016 before His Worship, Hussein Umar the presiding Magistrate, who in his ruling said the court is not a warehouse where cases are stockpiled, that this case had suffered untold and unprecedented adjournments from the time the case was brought before the court on the 6th December, 2016.
The trial Magistrate therefore said, that originating process upon which the accused was arraigned ought to have been terminated and the accused discharged. He therefore struck out the case and discharged the accused.
Earlier, the counsel to the defendant, M.B. Baiyeri Esq. who led R.O. Salami Esq. prayed the court to discharge the accuse for lack of diligent prosecution.
The state was represented by M.A. Abaji and Victor Baimoh in the case, the state counsel earlier requested the court for step-down of the case till 12noon to enable them arraign their witnesses in Court but at the resumption of the court at noon the trial magistrate who frowned at the prosecutor for failure to produce their witnesses in court.
The notice of summons filed against Friday Bolarin Ogungbemi, states that following imputation concerning Edward Onoja, Chief of Staff to the Governor of Kogi State and His Excellency, Yahaya Bello, a defamatory publication tagged, “Overzealous Chief of Staff acts Governor extra-ordinaire”.
The complainants therefore pray the court to take cognisance of the offence of defamation contrary to section 392 of the penal code.
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