The High Court sitting in Ilorin, the Kwara State, has discharged and acquitted 82 year old, Chief Olowofela Oyebanji of alleged kidnapping and murder.
The trial judge, Umar Zikki Jubril, on Tuesday upheld a no case submission made before it by the defense counsels.
Olowofela and 12 others were facing charges of criminal conspiracy, culpable homicide, kidnapping and giving false information contrary to Sections 97, 221 and 178 of the penal code law and section 1 (Special Prohibition) law of Kwara state 2010.
The Igbara-Odo High Chief had since denied involvement in the criminal allegations, particularly the killing of a traditional ruler, Olukoro of Koro, Oba Aremu Cole, in Ekiti local government area of Kwara State.
In her ruling on Tuesday, the trial judge discharged and acquitted Oyebanji having proved his innocence beyond reasonable doubt.
Justice Zikki held that the prosecution was not able to prove a primal facie case against the defendant and others alleged to be involved in the criminal act.
Counsel to the defendant, Dr Solomon Afolabi expressed joy and satisfaction with the ruling even as commended the judge for being courageous in ensuring that justice was done, amid heightened sentiments and sensitive nature of the case.
“It’s a big gift at the beginning of the new legal year that my client, the 9th defendant who has been standing trial since February 2024, for an offence he knew nothing about eventually got justice.
“It was just unfortunate that he had to go through this because as you heard in the judgement, it was a case of random arrests for many of the defendants in this case,” he said.
Another defense counsel, said the ruling came after the prosecution closed its case against the defendants.
“The prosecution presented evidences and called five witnesses during the case. But after thorough perusal of the evidence before the court, the court found it in its ruling that the prosecution failed woefully to provide a substantial and compelling evidence against all the defendants and in view of this, discharged and acquitted them.
“The trial judge has made a contribution to our criminal jurisprudence, and we appreciate this. We also appreciate the defendants who took their time to work for justice,” he said.
The case of Chief Oyebanji Olowofela brings to the fore once more, the clamour for due diligence in the institution of criminal cases as well as ensuring a satisfactory judicial process.
Crediblenewsng.com
