The court freed the ACN members after the Attorney General failed to appear in court.
A Chief Magistrate Court sitting in Oke-Eda, Akure, has discharged five Action Congress of Nigeria, ACN, members arrested after the party’s mega rally in Ondo Town on October 3, 2012
The court, presided over by Ade Akintoye, discharged and acquitted the accused persons on Tuesday based on the application of their lawyer, Titiloye Charles.
The accused, Jimoh Adebiyi, Ojo Gbenga, Joseph Ogah, Samson Otugbo and Oyewole Gabriel, were facing a five-count charge of conspiracy and conduct likely to breach peace.
They were in custody at Olokuta Prison till October 29 last year after the governorship election when their counsel brought evidence before the court to show that the accused were arrested at various locations at Ondo Town after the ACN rally,
They were subsequently transferred to the Police Headquarters in Akure where they were allegedly framed up and charged to court.
The accused informed the court that they were arrested for wearing ”Akeredolu for Governor Vest”.
Rotimi) Akeredolu was the governorship candidate of the ACN in the October 20 election in Ondo.
In discharging the accused, the Magistrate, A. F. Akintoye, said the court is tired of Mr. Titiloye’s lengthy submissions. Since both the complainant and prosecutors from the Attorney General’s Office have failed to appear for the second adjournment to continue with the trial, the judge discharged the accused.
The accused and their friends were in joyous mood outside the court after the verdict.
Mr. Titiloye, who spoke to reporters after the court sitting, noted that the victory was a vindication of rule of law and urged the Ondo State Government to refrain from dragging the Judiciary into politics.
e also admonished the government not to use the instrument of justice to witch-hunt innocent citizens in the state, because of their membership of opposition parties.