Law/Judiciary

Robbery: Court Frees Lagos Fisherman

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A Lagos High Court in
Ikeja has discharged and acquitted a 25-year old boat operator and fisherman, Emmanuel Egbayelo, of armed robbery.
He had been arraigned on a three-count charge of conspiracy, stealing and alleged armed robbery.
He was discharged last Thursday after spending four years in custody.
The court presided by Justice Lateefat Okunnu held that the prosecution failed to prove the armed robbery incident and enough has not been done to prove the defendants guilt. It is the view of the court that the allegations suspicion has no place in law, “the judge ruled.
Justice Okunnu further held that the evidence given by the first prosecution witness was in English language and was not interpreted to the defendant hence, she disregarded it.
The judge also dismissed the testimonies of the second and third prosecution witnesses on the grounds that they were not relevant directly to the crime for which the suspect was charged.
“The evidence before the court does not prove the charge; there is no evidence of committing the act. Conspiracy cannot be proved by mere inference and as such the charge fails. It is hereby dismissed and the defendant is hereby acquitted and discharged”, she stated.
According to the police, the suspect was arrested on March 22, 2010, around 4am while operating a boat on the Kikiriki Waterside.
One of the prosecution witnesses Sergeant Festus Okoebor from the Marine Police Command, told the court that Egbayelo was arrested while on patrol with two of his colleagues.
According to him, the suspect was arrested in a boat about 3.30am with items, such as a revolver, a locally made double barrel gun, four laptops, seven handsets, two hair clippers, one hack saw and one wrist witch.
Though by the time the police team sighted the boat, there were between 10 and 12 men in the boat only Egbayelo was caught while the other escaped.
The court heard that Egbayelo was taken to the office of the special Anti-Robbery squad, Ikeja where his case was assigned to an officer, Felix Igbasan and others to investigate.
Igbasan, who was the first prosecution witness, told the court that after cautioning the suspect, he obtained his statement and told him to sign because he could not write.
He said during his investigation, the defendant led him to N0. 31, Virgil Dike Street, Okota, Lagos, the scence of the crime, adding that one inspector Frankling Adeleke and Inspector Babakunu were with him.
He further told the court that the victims of the robbery, one Chiamara Emmanuel and one Oguabi Raymond, showed the police how the robbers has broken into their house. He said the recovered items were returned to the victims.
But Egbayelo told the court during trial that he was only a boat operator.

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