Court acquits 27-year old man of alleged armed robbery
NAN-H-72
Discharge
By Edith Nwapi
Abuja, March 22, 2017 (NAN) An FCT High Court on Wednesday discharged and acquitted a 27-year-old man, Chinedu Ali, charged with armed robbery.
The judge, Justice Jude Okeke, held that the prosecution did not adduce enough evidence to establish the alleged offence.
Okeke also held that the evidence of the prosecution witnesses were contradictory.
“The prosecution failed to prove the ingredients of the offence beyond reasonable doubt, and in the circumstance this court has no option than to acquit and discharge the defendant.
“The prosecution failed to call a witness to testify on the defendant’s vital evidence, that the Investigative Police Officer, (IPO), was the one who pointed the defendant out to Chukwuma Udemuezua (nominal complainant) and the prosecution first witness.
“The implication in this regard is an admission of the defendant’s objection that the prosecution witness did not identify him, but he was pointed out to him,” he held.
Okeke noted that there was need for the police in order to avoid mistaken identity to have assembled all the suspects arrested.
He said this would provide the avenue for the witness to identify if the defendant was actually the one that pointed the gun and robbed him.
The judge noted that the effort of the prosecution to establish that there was an identification parade was destroyed by the contradictory evidence of the prosecution second witness when he said “ there was no identification parade.“
Chinedu Ali, 27, who resides at Abacha Road, Abuja, was alleged to had conspired with others to commit an offence of armed robbery in a village on Airport Road, Abuja, sometime in August 2012.
He was arraigned on a two-count charge of criminal conspiracy and armed robbery, contrary to Section 1(2)(a) of Robbery and Firearms Special Provision Act Laws of the Federation. 2004.
The punishment is death by hanging. (NAN)
NEO/OFN/OU
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Edited by Felix Nwadioha/Obike Ukoh
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