Court Throws Out Charge Against Suspected Armed Robber Over Witness' Absence

The High Court of Lagos State, presided over by Justice Oyindamola Ogala on Monday struck out the alleged conspiracy and armed robbery case instituted against a suspected armed robber, Ojo Gbenga, due to the absence of the prosecution witness.

The judge arrived at the decision at the resumed trial of Gbenga before the court.

Striking out the charge in a short ruling, Justice Ogala held that the presumption of innocence of the defendant is still valid, adding that, “The defendant should be released in the absence of any matter in any other court.

“The prosecution is at liberty to re-arrest when the victim (who is the prosecution witness) is ready to reopen the case”.

It would be recalled that the prosecutor, O. A Azeez, had informed the court that the prosecution witness, who is the victim in the matter, relocated outside the state after the incident, hence his absence.

The prosecutor further notified the judge that he equally tried to contact the Investigating Police Officer, IPO, in charge of the case but that the same was not fruitful.

For counsel to the defendant, Bidemi Ademola, he insisted that Justice Ogala should strike out the matter since the prosecution witness had relocated with no intention of coming back to Lagos.

Ademola made public that Gbenga has been in custody since 2022 and should not be kept indefinitely.

Gbenga was first arraigned on August 3, 2022, on a two-count charge bordering on conspiracy and armed robbery.

The defendant was specifically alleged to have carried out the act alongside others now at large on February 26, 2022, at about 10:30 p.m., in Ojo-Ladipo Street, Ikotun area of Lagos.

According to the prosecution, the offence contravenes Section 299 and 297 (2) (a) of the Criminal Laws of Lagos State, C. 17, Vol 3 Law of Lagos State, 2015.

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