The police on Tuesday arraigned one Julius John, 28, and Joshua Madalla, 39, in an FCT High Court in Kubwa over an alleged armed robbery.
The defendants were docked on a two-count charge, bordering on conspiracy and armed robbery, offences they pleaded not guilty to.
The Prosecutor, Lorrita Ogu, told the court that the defendants conspired with some of their gang members now at large armed with toy guns on March 29, 2014, to commit the offences.
She said they tried to forcefully snatch a Toyota Camry car from one Abdullahi Zakeri, adding that the offence contravened Sections 6 (b) and 2 (3) of the Robbery and Firearms Act.
Counsel to John, Mr Efe Daniel, told the court that he filed a bail application on May 10, 2018, and served the prosecution along with a hearing notice.
The prosecutor said, however, that she was not aware of the bail application.
Daniel said that the case started in 2014 and was transferred from the Kuje High Court to Kubwa, adding that the defendant had been in prison from 2014 to date.
He said he filed for the matter to be struck out on April 19, 2018, for non-diligent prosecution because the prosecution never appeared in court but that the matter was adjourned to June 12 for the hearing of the bail of his client.
He said that he had proof of service and had served hearing notice on the prosecution on the bail of his client.
Mr Dare Owolabi, Counsel to Madalla aligned himself to Daniel’s submission, saying that it was not possible for the prosecutor to see the hearing notice without the evidence of service.
He supported his bail application with a 21-paragraph affidavit, deposed to by one Bukola Oshewa and relied on all the paragraphs.
Owolabi also brought to the court’s attention that Madalla lost his wife and daughter from a road accident on their way from Keffi to visit Madalla in Kuje Prisons in August 2015.
He added that Madalla also lost his son from a curable illness, malaria because Madalla was not there to care for him.
“No amount of compensation if Madalla is found not guilty can recover all that he has lost in the course of this matter.”
He urged the court to grant bail in the interest of justice because Madalla had been in prison since 2014.
The prosecutor, however, told the court that she was holding brief for one Rosemary Ikanga and was not ready to reply the counsels on point of law.
Justice Bello Kawu adjourned the matter until July 12 for the ruling.
The defendants were taken back to prison.
