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Crime & Punishment of Thursday, 18 June 2020

Source: www.mynigeria.com

Armed Robbery: Lagos court acquits barber after six years

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An Ikeja High Court on Thursday found a barber, Sunday Kenneth, not guilty of the charges of conspiracy and armed robbery, six years after incarceration at the Kirikiri Medium Correctional Centre for the alleged crimes.

The prosecution claimed that the defendant alongside others who are at large, while armed with a firearm and other dangerous weapons, committed the offences on Feb. 25, 2014 at the Odogunyan area of Ikorodu, Lagos.

But Justice Josephine Oyefeso, in a judgment read during a virtual proceeding, dismissed the charges due to failure to present material witnesses, adding that the prosecution did not prove his case against the defendant beyond a reasonable doubt.

“The victim of the offence, Alhaji Adenekan Olalekan, was not called by the prosecution, thereby denying the court the benefit of hearing his direct testimony and the defence, the benefit of cross-examining him.

“Apart from the testimony of the first Prosecution Witness (PW1), there is nothing before the court to show that there was an armed robbery. The weapon allegedly used was not tendered in evidence.

“The evidence before the court is at best wishy-washy and the defendant cannot be convicted on evidence that lacks substance.

“I am not able to rely on the evidence of PW1. His evidence is not detailed and convincing; he could not remember what time the incident took place.

“I find you Sunday Kenneth not guilty as charged on counts one and two and you are accordingly discharged and acquitted,” Justice Oyefeso said.

NAN