An Ekiti State High Court, Ado Ekiti Division on Tuesday acquitted and discharged four persons allegedly charged with conspiracy, murder and armed robbery.
The defendants, Abdulahi Oladepo (30), Momolosho Olanrewaju (27), Jimoh Azeez (29) and Ibrahim Adebisi (29) were arraigned before Justice Jubril Aladejana on March 24, 2023, on a three-count charge bordering on conspiracy, murder and armed robbery.
The charge read, “The defendants on 28th June, 22 at Ido Ekiti in Ido/Osi Local Government of Ekiti State, did conspire to commit murder by killing Ajayi Shola, and also robbed him.
“The offences are contrary to Section 244, 233 and punishable under Section 244 and also Section 312 (2)(b) of the Criminal Law of Ekiti State, 2021,” the charge read.
In his statement to the police, a brother to the deceased said, “On enquiry from some of our neighbours about my brother’s whereabouts, I was told they saw him with the defendants in the afternoon, I went to their (defendants’) individual houses including that of their wives, but they denied knowing anything about his movement since they departed”, he concluded.
To prove his case, the prosecutor, Kunle-Shina Adeyemo, called seven witnesses and tendered the defendants’ statements and Ajayi Shola’s pictures as exhibits.
The defendants spoke in their defence through their respective lawyers, Opeyemi Ogunremi, J.S. Balogun and Adeyinka Opaleke. They called no witnesses.
In the judgment, Justice Jubril Aladejana said, “In this case, there is nothing to show that any of the defendants caused the death of Ajayi Shola or anyone or any of them had intentions to cause grievous bodily harm to him or anyone else.
“In my view, this case as presented by counsels to the defendants is a case of a missing person where suspicion and conjecture are the basis for charging the defendants to court. The law is clear, that a court of law will not convict a defendant on the basis of mere suspicion.
“With all these gaps in the case against the defendants, I am satisfied that the prosecution has not proved conspiracy, armed robbery or murder against any of the accused persons.
“The four defendants are each not found guilty of conspiracy, armed robbery and murder. Each of them is hereby discharged and acquitted,” the judge pronounced.
