Abuja, Oct 8, 2019 (NAN) An FCT High Court in Maitama on Tuesday discharged a 29-year- old man, Matthew Ankyoor, charged with the murder of his eight months pregnant wife.
Delivering his ruling in a no-case-submission, Justice Peter Affen, held that the evidence adduced by the prosecution fell short in establishing a prima facie case against the defendant.
He held that there was no prima facie case that would warrant calling upon the defendant to enter his defence.
” To do this would be tantamount to imposing on the defendant a misplaced burden of establishing his innocence, which would be inconsistent with the constitutional presumption of innocence under section 36 (5) of the constitution.
” Accordingly, I will and do hereby uphold the no- case- submission and record an order discharging the defenatant, Matthew Ankyoor on all three count of charge preferred against him ” he held.
Anykoor is charged with three count charge bordering on culpable homicide punishable with death.
The defendant counsel, Mr Ocheme Adama, informed the court that his client will not enter his defence after the prosecution closed its case.
Adama said that he intends to file a no- case- submission.
Sequel to this, Justice Peter Affen, adjourned the case until Aug. 6, for hearing in the no- case -submission.
The Prosecution Counsel, Mr Danatus Abah, earlier informed the court that he was closing his case after calling his last witness, Miss Deborah Samuel who investigated the matter.
At the close of her testimony, Abah, informed the court that the prosecution was closing its case.
The prosecution called two witnesses before closing its case.
Abah informed the court that the witnesses refused to come to court to testify.
NAN reports that the police alleged that on June 5, 2017 at about 8. 30 p.m. at Lugbe Area of Abuja, the defendant caused the death of his wife, Doorsu, who was eight months pregnant, an offence punishable under Section 221 of the Penal Code Law.
He was also accused of causing the death of an unborn child by an act amounting to culpable homicide as he on the said day caused the death of an unborn child of his wife, contrary to Section 236 of the Penal Code Law.
Anykoor, however, pleaded not guilty to the charge preferred against him (NAN )