David, a motorcycle rider lives at Mushin area of Lagos State. On the 6th day of January 2020, David was set for his activity of the day when some Police officials in mufti came to arrest to raid his area and unfortunately, he was one of the people arrested during the unlawful raiding.
David not knowing that the person who was holding him was a police officer in mufti, started fighting and struggling with the officer to get his freedom off the restraint but was subdue by other teammates before it became clear to David that they were police officers.
Arriving at the station, the police officers informed him that before he would be released, he must pay a specific amount and he told the officers that he has no such amount. When the police did not get any ‘cooperation’ from him, he was charged to Court for belonging to an unlawful society and display of Indian hemp.
On arraignment on the 18th day of January 2020, he was granted bail in court but unable to perfect his bail since he has no family in Lagos State. The matter was adjourned severally as the courts were not sitting due to the Covid-19 pandemic as well as the strike embarked on by the Judiciary.
On the 20th of January 2021 David met one of the Lawyers at Headfort Foundation stationed at the Ogba Magistrate Court (one of the Mobile Offices of our “Lawyers Without Border” Project) and his brief was taken. Our lawyer carried out a due diligence on the matter in court and ensure a date was given for the hearing of the matter.
On the 14th day of July 2021, our lawyer represented David in court and made an application for striking out of the charges against him for want of diligent prosecution and the Court granted our application on the ground that since the arraignment of David in court, the prosecution has not been diligent in prosecuting the case while David remained in custody.
David was discharged after spending One year and Six months in custody before his release.
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