An Ekiti State High Court in Ado Ekiti on Thursday discharged and acquitted 21-year-old Thomas Malachy for alleged offence of armed robbery.
Malachy, who was in detention all the while, was freed by Justice John Adeyeye after the prosecution could not link him with the alleged offence.
In his judgment, Adeyeye said, “in this case, the prosecution having failed to link the defendant with the charge with credible, cogent, and convincing evidence has not proved all the ingredients of the offence beyond reasonable doubt.
“The defendant is entitled to be discharged and acquitted.
“I acquit and discharge him accordingly.”
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Malachy was alleged to have committed an offence of armed robbery on Nov. 16, 2018 at Iworoko Ekiti.
He was wrongly accused to have, armed with a locally made gun, to rob one Kolawole Damilola of her phones, laptop computers and a sum of N57,000.
The alleged offence was 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, called five witnesses and tendered phones, canvass shoes, statements of the defendant and the victim, among others, as exhibits.
The defendant spoke in his own defense through his counsel Michael Afolayan, who argued that the defendant was falsely accused and the charge against him boiled down to mere suspicion and called no witness.
(Vanguard)
