By Amos Tauna
The Magistrate Court 1 sitting in Kaduna, northwest Nigeria Monday dismissed the suit filed by Kaduna State Commissioner of Police against Kaduna based Journalists, Midat Joseph.
According to the First Information Report, FIR, obtained by our Correspondent, Joseph and one other, were charged for criminal conspiracy, inciting disturbance and injurious false hold.
Midat Joseph, the Kaduna State Bureau Chief of Leadership Newspaper was arrested on Wednesday 19th April, 2017 and detained by men of the Nigerian Police force, the Criminal Investigation Department (CID) and later released on bail orders by the same court after spending two night at the Police custody.
Mr. Joseph was arrested over a comment on a Whatsup platform group chat, where he contributed to a conversation.
He was detained on Wednesday 19th, at the metropolitan police station also known as metro police, by the CID from where he was transfered to the Kaduna Police Command Headquarters and also held over night by the CID in their Special Anti Robbery Squad (SARS) cell from where the duo 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, second time, the presiding magistrate, Chief Magistrate Emmanuel Yusuf stroke the suit for lack of diligence prosecution.
The Judge’s decision followed an application from the counsels to the defendants, James Kanyip Esq and Maxwell Kyom Esq for the matter to be stroked 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 its agent from arresting Mr. Joseph on the same matter.
The judge who however, declined to grant the restraining order, discharged and acquitted the Journalist, one other of the offence they are been 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, media colleagues, civic right organizations for standing in his support during the period of his trials.
He expressed confidence to 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.”
