The trial of the Anosike brothers, Fidelis and Noel, for allegedly stealing properties of Daily Times of
 Nigeria worth N1.7bn may not have ended even with the dismissal of the 
charge against them by a Lagos High Court in Ikeja on Monday.
Lagos State Attorney-General and 
Commissioner for Justice, Mr. Ade Ipaye, whose office took over the case
 from the Attorney General of the Federation, Mr. Mohammed Adoke, in 
March 2012, said this on Tuesday.
Ipaye told our correspondent in an e-mail 
interview on Tuesday that the fact that the court struck out the case 
did not necessarily mean its end.
He said he would not hesitate to re-file 
the case if further investigation being conducted by the police on the 
case yielded concrete evidence.
Justice Habeeb Abiru on Monday struck out 
the suit on the grounds of poor prosecution of the case by the Lagos 
State Directorate of Public Prosecution.
In dismissing the suit, Abiru frowned at 
the prosecution, acceding to the request of the defence counsel that the
 case be struck out after the prosecution sought an adjournment for two 
weeks to further study the case.
The judge had also said the prosecution could re-file the case whenever they were ready to prosecute.
Ipaye said, “The counsel did the only thing
 she could do. In any case, the striking out does not necessarily 
extinguish the possibility of prosecution. If we get adequate evidence 
we shall not hesitate to re-file the action. In the meantime, we have to
 wait for the police to conduct further investigation and fill some gaps
 in the investigation report.”
Ipaye said his office had just finished the
 review of the investigation report handed over to it and found out that
 there was the need for further investigation because of several gaps in
 the report.
“We have just drawn that conclusion and 
written a report for the IGP. If we get adequate evidence we shall not 
hesitate to re-file the action. In the meantime, we have to wait for the
 police to conduct further investigation and fill some gaps in the 
investigation report,” he said.
Ipaye further said the state had taken over
 the case because it was the duty of the Attorney-General of a state to 
prosecute state offences.
The Anosikes were charged along with their 
company, Folio Communications, with which they were alleged to have 
fraudulently procured Daily Times from the Federal Government on March 
14, 2007.
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