The Akwa Ibom State High Court, sitting in Uyo, has ordered the Federal Road Safety Corps (FRSC) to immediately reinstate its suspended Superintendent Route Commander, Mr. Abochi John. This decision comes after the court discharged and acquitted Mr. John and Anietie Okokon Udoh, a 37-year-old father of four from Ikot Ayang Itam in Itu Local Government Area, of a two-count charge of receiving stolen property. In its judgment, the court also mandated the FRSC to pay Mr. Abochi all his salaries, allowances, entitlements, and other benefits accrued since his suspension.
Delivering the judgment, which lasted over three hours on Monday, the presiding judge, Justice Ntong Ntong, stated that the reinstatement of the suspended FRSC officer would take effect immediately. He ordered that the payment of Mr. Abochi’s salaries be completed within three months, specifically by April 16, 2023. Mr. Abochi, a 53-year-old native of Dekina Local Government Area in Kogi State, was the Acting Unit Head of Operations at the Mbak Unit Command in Itu Local Government Area of Akwa Ibom State. He had been accused of receiving a stolen Samsung Galaxy J7 phone valued at seventy-five thousand Naira.
Justice Ntong expressed concern over the suspension of the FRSC officer, emphasizing that the Federal Road Safety Corps should recognize that an accused person is presumed innocent until proven guilty. He highlighted that, in a criminal trial, the burden of proof lies with the prosecution to establish the accused’s guilt beyond a reasonable doubt. Even if the accused admits to committing the offense, the prosecution remains obligated to meet this burden.
The judge noted that the prosecution created significant doubts in the court’s mind, particularly with the testimony of the first prosecution witness, Mrs. Utomobong Johnson, the Head of Administration, Legal, at El-Coolex Limited, the company allegedly robbed. Her testimony was based on hearsay, which is not admissible in law. Furthermore, the fourth prosecution witness, Mr. Deeka Nwigbara from the Anti-Robbery Squad of the State Criminal Investigation Department in Uyo, failed to confirm how the second prosecution witness, Somairi Dienye Jaja, the Managing Director of the company, tracked the stolen phones to the accused.
Justice Ntong criticized the police for their lackadaisical attitude in investigating the case. He pointed out contradictions in the testimony of the police officer, who seemed to have conducted a superficial investigation without thorough inquiry. The judge remarked that the prosecution’s reliance on unsubstantiated claims and the mere arrest of the accused was insufficient for a conviction. He emphasized that credible, positive, and unassailable evidence is necessary for the court to act favorably on a case.
The court also noted that although the prosecution alleged that the robbery occurred in April 2016, the police did not begin their investigation until June 28, 2017, more than a year later. Justice Ntong stated that the evidence presented by the accused was direct and believable, indicating that he had purchased the phone on credit but returned it upon discovering it was faulty. Ultimately, the judge concluded that the prosecution failed to provide credible evidence to establish the legal elements of the offense of receiving stolen items.
Furthermore, Justice Ntong ruled that since the court was not informed who stole the phones or where they were stolen from, the police should return the nine phones tendered as exhibits to their rightful owners. The court dismissed the charges against Mr. Abochi John and Anietie Okokon Udoh, declaring both men innocent based on the evidence presented.
Comments are closed for this story.