An Ikeja High Court on Thursday discharged and acquitted a 36-year-old businessman, Izuchukwu Mbadogha, accused of robbing a man of personal belongings worth N20million.
The News Agency of Nigeria reports that Justice Hakeem Oshodi freed Mbadogha for want of diligence prosecution.
Oshodi held that all the essential elements of the alleged offences were absent in the prosecution of the matter by the Lagos State Government.
He said that the prosecution could not establish the involvement of the defendant by admission, confession or evidence.
“To establish a case of conspiracy, it is by direct evidence. In sum, the prosecution has not proved conspiracy against the defendant.
“To be candid, the evidence of the prosecution is not solid but depended on hearsay and it is not admissible.
“The defendant was not present at the time of the incident at 5:00 a.m.
“I hereby discharge and acquit the defendant of the three count charges brought against him on Dec. 6, 2016,” Oshodi said.
The defendant was arraigned on Dec.6, 2016 on three counts of conspiracy, robbery and burglary contrary to Section 297, 305 (1) (c)of the Lagos state Criminal Law, 2011.
Mbadogha was said to have conspired with others at large to commit the alleged crimes on July 7, 2013, at 5.00 a.m. on Coker Street in the Ilupeju area of Lagos State.
He was said to have robbed one Arthur Okonloji of his one pair of shoes, two shirts, three belts, four pairs of trousers and other valuables worth over N20 million.
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