“The defendant should be released in the absence of any matter in any other court. “The prosecution is at liberty to re-arrest when the victim is ready to reopen the case,” Ogala said. The state prosecutor, O.A Azeez, told the court that the prosecution witness, who is the victim in the matter, relocated outside of Lagos State after the incident, hence his absence. Azeez said that he also tried to contact the Investigating Police Officer in charge of the case but the effort was not fruitful.
The defence counsel, Bidemi Ademola, told the court that the matter should be struck out since the prosecution witness had relocated with no intention of coming back to Lagos. He said that the defendant has been in custody since 2022 and should not be kept there indefinitely. NAN reports that the defendant was first arraigned on August 3, 2022, on a two-count charge bordering on conspiracy and armed robbery.