A Federal Capital Territory (FCT) High Court, Zuba, on Friday discharged and acquitted Mr Ewelike Samuel who was charged with theft and criminal breach of trust.
The Attorney-General of the Federation charged Samuel of the Federal Fire Service (FFS) on eight counts bordering on the said offences which he pleaded not guilty to.
Delivering judgment, Justice Kezziah Ogbonnaya said the court could not rely on unsubstantiated mere allegations because doing so would not be in the interest of justice.
Ogbonnaya said the prosecution could not tender to the court the vehicle licence showing the chassis number of the vehicle for the court to determine if it was the same vehicle recovered in Lokoja, Kogi State.
She added that Samuel was not part of the people caught with the stolen vehicle when it was found.
“The court after considering the evidence tendered by the prosecution and defendant, I hold that the prosecution was not able to establish and prove the crime against the defendant.
“The court, however, discharges and acquits the defendant of all the crime against him,” She said.
Ogbonnaya also ordered the FFS to recall the defendant to resume his duty and pay him all his allowances and salaries required.
She added that all his promotions from 2013 when he was tortured should be restored.
The Prosecution Counsel, Baguda Sani had earlier alleged that Samuel moved a Nissan Urvan bus and Toyota Hilux Jeep being property of the FFS on Oct.31, 2012 and Jan.25, 2013.
He further alleged that Samuel disposed of and converted the said vehicles in violation of his contract of employment.
The prosecution counsel added that Samuel abetted one Innocent Adofu and Peter Otor by engaging them to move the vehicles without consent.
He alleged that Samuel made a false FFS identity card for Otor in order to gain access to the FFS vehicle with the intention that it may be believed that he belonged to the service.
Court discharges, acquits public servant accused of theft
