The Lagos State High Court sitting in Ikeja has discharged and acquitted the Baale of Ito-Agan Community in Amuwo Odofin Local Government Area, Akinmuleye Abiye, of 74 counts bordering on conspiracy, wilful damage to property, stealing and grievous bodily harm.
Justice Modupe Nico-Clay, in a judgment delivered held that the prosecution failed to prove the essential elements of the offences beyond reasonable doubt.
Abiye was prosecuted over allegations arising from a dispute concerning the Baaleship of the community.
The 75-count charge filed by the Lagos State prosecution included one count of conspiracy, 31 counts of wilful damage to property, 40 counts of stealing and two counts of grievous bodily harm against Abiye.
The prosecution called eight witnesses, while the defence led by Dr Yemi Omodele called four witnesses.
Justice Nico-Clay held that material contradictions in the evidence of the prosecution witnesses created reasonable doubt and made the evidence unsafe for conviction.
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She said the alleged damaged properties were also not sufficiently established before the court.
On the allegations involving firearms and violence, the judge noted that although some prosecution witnesses claimed Abiye was armed with a gun and cutlass, neither weapon was recovered from him.
The court also rejected medical exhibits tendered by the prosecution, noting concerns raised by the defence over the date of the medical report and the circumstances surrounding its admission.
On the allegation of stealing, Justice Nico-Clay held that the prosecution failed to establish that the properties allegedly taken were dishonestly converted or taken with the intention of permanently depriving their owners.
The judge also considered Abiye’s defence of alibi, stressing that where an accused raises an alibi at the earliest opportunity, the prosecution has a duty to investigate and verify it.
Relying, among others, on the decision in Udo v State, Justice Nico-Clay held that the prosecution failed to establish the essential ingredients of the offences beyond reasonable doubt.
She consequently found Abiye not guilty on all the counts and discharged and acquitted him.
