Posted by Amarachi on Thu 01st Jul, 2021 - tori.ng
The prosecution failed to link the defendant to the charge using credible and convincing evidence which led to his release.
File Photo
A 21-year-old man identified as Thomas Malachy who was jailed for armed robbery has been discharged and acquitted by an Ekiti State high court sitting in Ado Ekiti.
In his judgment, Justice John Adeyeye said “In this case, the prosecution has failed to link the defendant to the charge using credible, cogent, and convincing evidence and has not proved all the ingredients of the offence beyond a reasonable doubt.
The defendant is entitled to be discharged and acquitted. I acquit and discharge him accordingly.”
Malachy was alleged to have committed an offence of armed robbery on 16th of November, 2018 at Iworoko Ekiti.
He was said to have been armed with a locally-made gun to rob one Kolawole Damilola of her phones, laptop computers and a sum of #57,000, contrary to section 1(2) (a) of the Robbery and Firearms (Special Provisions) Act, Cap. R11 Laws of the Federation of Nigeria, 2004.
The prosecutor, H.A. Adeyemi Esq. called 5 witnesses and tendered phones, canvass shoes, statements of the defendant and the victim among others as exhibits.
The defendant spoke in his own defence through his counsel Michael Afolayan who argued that the charge against him was on mere suspicion. He called no witness.