A Lagos High Court sitting in Ikeja presided over by Justice Hakeem Oshodi on Thursday acquitted and discharged a businessman, Izuchukwu Mbadogha after spending five years in prison.
His release came after the Lagos State government failed to prove the allegation of conspiracy, armed robbery, and burglary against the businessman, and after spending five years in prison.
In setting free Mbadogha, the judge held that all essential elements of the commission of the offence were lacking in the prosecution of the matter by the Lagos State government.
The judge equally declared that the prosecution could not establish the involvement of the defendant by admission, confession, or evidence.
In faulting the allegations, Justice Oshodi said, “to establish a case of conspiracy, it is by direct evidence. In sum, the prosecution has not proved conspiracy against the defendant.
“I hereby discharge and acquit the defendant of the three count charges brought against him on 6th, December 2016.
“To be candid, the evidence of the prosecution is not solid but depended on hearsay. It is hearsay and not admissible.
Mbadogha, was re-arraigned on December 6, 2016, on a three-count charge of conspiracy, robbery and burglary, contrary to Section 297, 305 (1) of the Lagos State Criminal Law, 2011.
In the charge, the Lagos State government had accused the freed Mbadogha of conspiracy with others now at large to commit the alleged crimes on July 7, 2013, at about 5:00a.m, at 71, Coker Street, Ilupeju, Lagos.
The defendant was specifically accused of robbing 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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