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 involving conspiracy, wilful damage to property, stealing and grievous bodily harm.
Justice Modupe Nico-Clay, in a judgment delivered on Tuesday, held that the Lagos State Government failed to prove the essential elements of the offences against Abiye beyond reasonable doubt.
Abiye was arraigned on April 1, 2014, over allegations arising from a dispute concerning the Baaleship of the community.
The original charge contained 75 counts, of which 74 were filed against Abiye.
The first count alleged conspiracy to commit a felony, specifically wilful damage to property and stealing, contrary to Section 411 of the Criminal Law of Lagos State.
Counts two to 32 concerned wilful damage to property under Section 350, while counts 33 to 72 involved stealing under Section 287. Counts 73 and 74 alleged grievous bodily harm under Section 247 of the same law.
During the trial, the prosecution, led by Titilayo Daud, called eight witnesses, while the defence, led by Yemi Omodele, called four witnesses.
In evaluating the evidence, Justice Nico-Clay found significant contradictions in the testimonies of the prosecution witnesses, holding that the evidence could not safely support a conviction.
She also held that the prosecution failed to establish that the alleged damage to property occurred, noting the absence of credible evidence to substantiate the claims.
The court reviewed allegations that Abiye used firearms and led attacks on members of the community but noted that no firearm or other weapon was recovered from him.
The judge consequently dismissed counts one to 32.
On the 40 stealing charges, the court held that the prosecution failed to establish that the items allegedly taken had been dishonestly converted or that Abiye intended to permanently deprive their owners of them.
Justice Nico-Clay also dismissed counts 33 to 72, finding the evidence insufficient to sustain the allegations.
The court similarly rejected the grievous bodily harm charges, noting that neither the gun nor cutlass allegedly used in the attacks was recovered.
The medical reports tendered by the prosecution were also rejected after the court identified discrepancies in their dates, which affected their evidential value.
Justice Nico-Clay further considered the alibi raised by Abiye and held that the prosecution failed to investigate and disprove it.
Relying on the decision in Udo v State, the judge noted that where an alibi is raised timeously, the responsibility rests on the prosecution to verify it.
The court concluded that the prosecution had failed to prove the essential elements of the offences beyond reasonable doubt and found Abiye not guilty of all the charges.
The Baale was consequently discharged and acquitted of the 74 counts.
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