Victory for Dino Melaye: Court acquits Senator of six-year custody-escape saga

Dino Melaye

Published By: Kazeem Ugbodaga

By Edith Nwapi

A Federal Capital Territory (FCT) High Court in Maitama has discharged Senator Dino Melaye of charges relating to an attempted escape from police custody and damage to police property.

The judgment, delivered on Monday by Justice Sylvanius Oriji, marks the conclusion of a long-standing case in which Melaye faced a six-count charge, including attempted suicide, resisting police arrest, and destruction of police property.

The charges stemmed from an incident on April 24, 2018, when Melaye was being transported by police officers from Abuja to Lokoja, Kogi State.

He was accused of forcibly escaping from the police vehicle, threatening to take his own life, and damaging the glass of a Toyota Hiace bus with his elbow during the alleged escape attempt.

These actions, according to the prosecution, were in violation of several sections of the Penal Code, specifically Sections 148, 153, 173, 231, 326, and 327.

However, in his ruling, Justice Oriji noted that the prosecution failed to establish the allegations beyond reasonable doubt.

Key inconsistencies were highlighted in the testimonies of the prosecution’s witnesses, particularly in the statement of PW3, Sergeant Adamu Mohammed.

Mohammed had testified that Melaye forced open the door of the police bus, but the written statement he provided earlier, which was admitted as Exhibit 5, contradicted this claim.

The court further accepted Melaye’s defence that he had suffered an asthma attack on the day of the incident. His testimony, that he was taken to the National Hospital by the police, where he remained for 28 days, was not challenged by the prosecution. This fact significantly weakened the prosecution’s argument that Melaye attempted to escape from custody.

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Justice Oriji also pointed out that Melaye could not have forced his way out of the police vehicle in the presence of officers.

He added that the allegation that Melaye’s supporters whisked him away in a Hilux van was not supported by any credible evidence. There was no proof that Melaye had communicated with anyone while in custody, and nothing indicated that he had coordinated his escape with the alleged thugs.

The court also cast doubt on the credibility of PW4, Adamu Nafiu, whose statement in Exhibit 6 contradicted his testimony about the breaking of the police bus window. This further exonerated Melaye from the charge of damaging police property.

As a result, Justice Oriji ruled that the defendant was not guilty of the charges, specifically dismissing Counts 1, 3, 4, and 6.

He discharged and acquitted Melaye, concluding that the prosecution’s evidence was insufficient to prove its case.

Melaye expressed relief and gratitude following the judgment, stating, “I thank God for giving me justice after six years. This is the last of the 12 frivolous cases brought against me by either the Federal Government or the Inspector General of Police.”

The case, which has spanned several years, involved numerous legal proceedings. The prosecution had presented five witnesses and ten exhibits in its effort to substantiate the charges.

However, Melaye’s legal team, led by Prof. Mike Ozekhome (SAN), filed a no-case submission, arguing that the evidence presented was insufficient to warrant a conviction.

The court had earlier upheld this submission for two of the six charges, leaving four counts to be addressed in the final judgment.

With Monday’s ruling, the saga surrounding Dino Melaye’s alleged escape from police custody and damage to police property has finally come to an end.