An Oyo State High Court in Ibadan on Tuesday freed three persons accused of armed robbery for lack of diligent prosecution after spending six years in prison.
The trio are Arise Jelili, Segun Aremu and Adewale Lawal.
Justice Adegboye Gbolagute said the accused had been standing trial over alleged armed robbery since 2012 and the prosecution had failed to call any witness since the inception of the case.
Gbolagute said the story of the prosecution had always been the same since the matter came up and the liberty of the accused persons as guaranteed by the constitution was at stake.
The Judge struck out the charges against the accused persons, saying that they were discharged but not acquitted.
He urged them to turn a new leaf and search for credible job to earn decent living instead of hanging around jobless.
Earlier, the Defence Counsel, Mrs Kemi Raji, informed the court that the matter was slated for definite hearing on Tuesday.
Raji said there had not been any improvement on the matter since arraignment and subsequent remand of the accused persons in prison in 2012.
She said the accused had been in prison custody since 2012 and urged the court to apply section 352 (1) of the Administration of Criminal Justice Act in striking out the matter.
Responding, the Principal State Counsel, Mrs R. Yusuf informed the court that all efforts by the prosecution to ensure the presence of the witnesses in the matter proved abortive.
Yusuf said that even though the investigating Police Officer was yet to get witnesses, the court should not strike out the case.
She urged the court for adjournment to enable the prosecution tender the witnesses in the matter.
The trio were standing trial on a five-count charge of conspiracy and armed robbery among others.
They were alleged to have robbed two persons, Kamarudeen Abiola and Wasiu Akinwale, of N160, 200 while armed with gun and cutlasses on July 2012 at Akingbade Area of Ibadan at about 11:30 p.m.
The defendants had pleaded not guilty and were granted bail, but were unable to perfect the bail condition since 2012.
