Court strikes out criminal suit following defendant’s death

A Federal High Court sitting in Jos on Tuesday struck out a suit filed against a suspect, Nanpon Sambo, following confirmation of his death by Barau Dikko Teaching Hospital, Kaduna.
Sambo was in 2014 charged with illegal possession of fire arms before the news of his death in July 2019 while in custody of the Police in Abuja.
The presiding Judge, Justice Dorcas Agishi, who struck out the case said that, “nobody tries a dead man, so the suit against Sambo can’t continue.”
“The Barau Dikko Teaching Hospital, Kaduna, has provided all the documents in prove that the suspect is dead and has since been buried by Kaduna North Local Government Area of Kaduna.
“The case is hereby struck out post humourously,” the declared.
The judge then ordered that the items earlier found in Sambo’s possession including the RPG pump action Gun, the Bomb, Charger, a Toyota Highlander and a Car Key be handed over to the State Security Services (SSS).
News Agency of Nigeria (NAN) reports that when the case came up for continuation of hearing, he court registry produced the documents the hospital provided as ordered by the court in the last sitting of Feb. 19.
The documents include the death certificate and list of 40 corpses the Kaduna North LG evacuated from the hospital mortuary for burial in November 2019 among others.
Mrs Keturah Saliyuk, the Prosecuting Counsel, had told the court that since the hospital has proved to the court beyond reasonable doubt that the suspect was dead, she has no objection than to apply of the defendant posthumously.
“My Lord, now that the Barau Dikko Teaching Hospital has provided all documents to prove that Sambo is dead, we have no option than to apply for the discharge of this case against the defendant posthumously.
“Secondly sir, we wish to also apply for an order that all the items found in possession of the deceased defendant should be given to the SSS, ” She solicited.
The defense Counsel, Mr Nanchip Dafam, did not object to the application.
Justice Agishi then struck out the case and ordered that SSS should take possession of all the items confiscated or found in possession of the dead Sambo.
NAN reports that the Police, through it’s Counsel, Mr Joshua Ayanna, had broken the news of Sambo’s death to the Court in August when pressure was mounted on them to produce him for trial.
Ayanna had told the court that Sambo failed ill and died in detention and when taken to Barau Dikko Teaching Hospital, he was confirmed dead.
Justice Agishi had ordered for the Chief Medical Director (CMD) of the hospital to come and prove the claims of the police with documents.
At the last sitting, two Representatives of the hospital, Dr Godwin Iko-Ayuba , a pathologist and Mr Y.I. Maiadashi, a Legal/Administrative Officer, gave testimonies on the death of Sambo but couldn’t produce the needed documents as proofs.
The court again ordered them to produce the documents at the Court Registry on or before two weeks, which they complied and made them opened in court on Tuesday and ended the case. (NAN)
TYC/SH