Court strikes out criminal suit following defendant’s death
A Federal High Court sitting in Jos, Plateau state on Tuesday struck out a suit filed against a suspect, Nanpon Sambo, following confirmation of his death by Barau Dikko Teaching Hospital, Kaduna.
Sambo was in 2014 charged with illegal possession of fire arms before the news of his death in July 2019 while in custody of the police in Abuja.
The presiding Judge, Justice Dorcas Agishi, who struck out the case, said that “nobody tries a dead man, so the suit against Sambo can’t continue.
“The Barau Dikko Teaching Hospital, Kaduna, has provided all the documents to prove that the suspect is dead and has since been buried by the Kaduna North Local Government Area of Kaduna state. The case is hereby struck out post-humorously.”
The judge then ordered that the items earlier found in Sambo’s possession including the RPG pump action gun, the bomb, charger, a Toyota Highlander and a car key be handed over to the Department of State Services (DSS).
When the case came up for continuation of hearing, the court registry produced the documents the hospital provided as ordered by the court in the last sitting of February 19.
The documents include the death certificate and list of 40 corpses the Kaduna North Local Government evacuated from the hospital mortuary for burial in November 2019 among others.
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Prosecuting counsel, Mrs. Keturah Saliyuk, said that since the hospital has proved to the court beyond reasonable doubt, “my lord, now that the Barau Dikko Teaching Hospital has provided all documents to prove that Sambo is dead, we have no option than to apply for the discharge of this case against the defendant posthumously.
“Secondly sir, we wish to also apply for an order that all the items found in possession of the deceased defendant should be given to the DSS.”
The defence counsel, Nanchip Dafam, did not object to the application.
Justice Agishi then struck out the case and ordered that the DSS should take possession of all the items confiscated or found in possession of the dead Sambo.
