Justice Adenike Coker of an Ikeja High Court, on Tuesday, freed three armed robbery suspects, while advising defendants in custody to show up for trial to facilitate justice administration.
Coker said that some defendants tended to hide in custody and failed to show up in court due to fear, thereby prolonging their trial.
The judge gave the advice while giving a ruling in a case of Lagos State versus one Abiodun Owoya charged with conspiracy to commit robbery and armed robbery.
She said, “To defendants, the more your hide in custody, the more time you spend there.
“Come to court, and if your matter is not progressing, it might be struck out.”
In the ruling, Coker noted that state counsel, Mr Y. O. Ijale, had written to the court that since presenting prosecution witnesses had proved abortive, the court should use its discretion in the matter.
She also noted that defence counsel, Mr Chineme Nweke, had argued that the prosecution team stalled proceedings since the case began in 2020 while the defendant remained in custody.
The judge also noted that defence counsel prayed the court to strike out the case.
Coker ruled that since the case had not progressed, the defendant should be released without delay.
Similarly, the judge struck out a case of two others, David Obi and Ugo Chukwu, also charged with conspiracy to commit robbery and armed robbery.
Coker struck out the case for lack of diligent prosecution.
Lagos State counsel, Mrs Titi Adeegbe, had told the court that a retired assistant superintendent of police, who was to testify, failed to show up.
The counsel prayed the court to use its discretion in the case.
Coker ruled that the case had prolonged without any prosecution witness testifying since arraignment of the defendants on March 22, 2020.