The Code of Conduct Tribunal (CCT) has. struck out the case brought against ex-Bayelsa State House of Assembly, Friday Komboyein and four others for want of diligent prosecution.

Komboyein was charged with Aaron Timiye (former Clerk of the House), Thomas Tamaraodubo (former accountant), Owudogu Edward (the incumbent Clerk) and Koroye Stephen (the incumbent accountant).

They were, in a charged filed by the Code of Conduct Bureau (CCB), accused of breaching the Code of Conduct for Public Officers by allegedly abusing their offices, as alleged in a petition by a former member of the state’s House of Assembly, Israel Goli.

Goli had alleged, in his petition, that the defendants unjustifiably refused to pay him some allowances which were paid to other members of the House since May 2015.

However, Goli, at a point wrote to the prosecution, claiming to have been paid all that were owed him and indicated his intention to discontinue the case.

At the mention of the case on Tuesday, prosecution lawyer, Peter Danladi complained about his inability to produce his witnesses, an excuse the prosecution gave on the last adjourned date, following which the CCT Chairman, Dnaladi Umar threatened to strike out the case.

The prosecution lawyer then prayed the court for an adjournment to enable him serve his witnesses the witness summons earlier issued by the court.

Responding, defence lawyer, Biriyai Dambo(SAN), who led Chris Okeke, told the court that the prosecution’s conduct betrays lack of readiness and diligence in the prosecution of the case.

Dambo noted that even if he forcefully conveys his witnesses to court, it was impossible for the prosecution to compel them (the witnesses) to testify in its favour.

He prayed the tribunal to strike out the case and discharge the defendants.

In a ruling on Tuesday, the CCT Chairman upheld the defence lawyer’s arguments and proceeded to strike out the case.

Umar held that, by its conduct, the prosecution did not show any diligence in its handling of the case.

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