3 Responses

  1. Master Adrian
    Master Adrian at |

    The big question here and now is:
    Was the case DISMISSED or STRUCK-DOWN?
    As is referred to in the article, DISMISSING a case means that the accused can be re-arrested again on the same charge(s), were STRIKING-DOWN a case means that the accused can NOT be re-arrested on the same charge(s)!

    Precision of words and definitions is of the highest importance here I think, as when the case is DISMISSED a re-arrest is hovering over the accused, and the clearance of what they were accused of is missing, causing them no doubt problems with relatives and others, like employers!

    Reply
    1. admin76crimes
      admin76crimes at |

      One of the defendants who is quoted in the article is clear that they could be arrested again. I agree that the language in the article is imprecise. “Taxi driver Onyeka Oguaghamba … said he was happy the case had been struck out but disappointed that it was not dismissed entirely” — quite different wording from yours. Unfortunately, we at Erasing 76 Crimes do not have access to the lawyers or court documents to verify that the taxi driver’s understanding is correct, even with inaccurate wording.
      — Colin Stewart, editor of this blog.

      Under Nigerian law, defendants in a case that is struck out can be re-arrested and arraigned again on the same charge, whereas that is not possible in cases that have been dismissed.

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      1. Master Adrian
        Master Adrian at |

        Thank you for your reaction…… STRUCK-DOWN or STRUCK-OUT…. From the aticle I understood that a case DISMISSED could cause re-arrest on the same charges, that thus needs to be the other way around, so I understand! Thnk you for that clarification!

        Reply

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