29th June, 2016
Justice Sedotan Ogunsanya of an Ikeja High Court in Lagos on Wednesday acquitted a 39-year-old painter, Olaleye Eniola, of a two-count charge of conspiracy and armed robbery due to insufficient evidence.
“The defendant is, hereby, discharged and acquitted of the two-count charge of conspiracy and armed robbery,” she said.
Ogunsanya in her judgment had noted that the prosecution was unable to prove beyond reasonable doubt that Eniola was the offender.
She also noted that the evidence given in court by the complainant and the police witness were contradictory.
“The complainant and the police witness in their evidence gave contradictory dates of the incident,” she said.
Earlier, the prosecution led by Mr Adebayo Haroun, had told the court that Eniola with others at large, committed the offence at 3 a.m. on May 2, 2012 at 24, Matthew Olabode St., Odogunyan, Ikorodu, Lagos.
He alleged that the painter, a resident of 11, Omowale St., Odogunyan, Ikorodu, Lagos, with his accomplices, robbed one Miss Chioma Maduabuchi at gunpoint in her home.
Haroun said that according to the testimony of the complainant, the defendant was hired some days before to paint her newly rented apartment.
“Maduabuchi said on the day of the incident, she was able to identify the defendant by his voice and the clothes he was wearing which were the same as those he wore to her home when he came to work,” he said.
He also alleged that the defendant and his accomplices stole N180,000 cash, a laptop worth N88,000 and other property worth N105,000.
According to the prosecution, the offences contravened Sections 295(2) and 297 of the Criminal Laws of Lagos State, 2011.