Criminal Cases

Section 284 of the Criminal Procedure Act- Complainant entering witness box to withdraw complaint-Prosecution withdrawing information- ATTORNEY GENERAL OF IMO STATE  VS. ANTHONY AKWUKWUEGBU, ANTONIA AKWUKWUEGBU -delivered by Hon. Justice Innocent M. Njaka

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IN THE HIGH COURT OF IMO STATE OF NIGERIA

IN THE AHIAZU MBAISE JUDICIAL DIVISION

HOLDEN AT AHIAZU

ON, FRIDAY, 7TH DECEMBER 2016.

BEFORE HIS LORDSHIP: HON. JUSTICE I.M.NJAKA.

HAM/ 4C/2016

BETWEEN

ATTORNEY GENERAL OF IMO STATE                                                    PROSECUTOR

V

ANTHONY AKWUKWUEGBU                                                                       ACCUSED

ANTONIA AKWUKWUEGBU

RULING

By virtue of section 284 of the Criminal Procedure Act which provides ‘if a complainant at any time before a final order is made in any case under the chapter, satisfies the court that there is sufficient grounds for permitting him to withdraw his complaint, the court may permit him to withdraw the same and shall thereupon acquit the accused unless the court directs that the accused instead of being acquitted shall be discharged’, a complainant can withdraw his complaint.

 

In the case at hand the nominal complainant as PW1 has entered witness box and has under oath applied to have the complaint withdrawn.

 

The Prosecution counsel has also applied that the information before the court be withdrawn.

 

I think this is a proper situation to exercise my discretion under section 284 CPA. The accused persons, that is: Anthony Pius Akwukwuegbu and Anthonia Pius Akwukwuegbu are hereby discharged and acquitted.

 

I so hold.

 

Hon. Justice I. M. Njaka

7- 12- 16

 

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