Ikeja, – An Ikeja High Court on Wednesday acquitted a 25-year-old driver, Ben Akure, of illegal possession of firearms due to insufficient evidence.
Justice Sedotan Ogunsanya, while delivering her judgment, said that the prosecution did not prove its case against Akure beyond reasonable doubt.
“The testimonies of the prosecution witnesses were full of inconsistencies, they could not prove that the defendant had the firearm within his possession.
“They were not at the scene of the alleged crime and they could not identify the defendant as the person who allegedly ran out of the bus.
“It is not the duty of the defendant to prove his innocence, the burden is on the prosecution to prove the guilt of the defendant beyond any reasonable doubt.
“The two-count charge of unlawful possession of firearms with intent to commit a felony preferred against the defendant is dismissed and the defendant is discharged,” Ogunsanya said.
The News Agency of Nigeria (NAN) reports that Akure was arraigned before Ogunsanya on Feb. 24, 2013 on a two-count charge of unlawful possession of firearms with intent to commit a felony.
The prosecution led by the State Counsel, Mr Adebayo Haroun, had alleged that Akure committed the offences on April 19, 2011 at Agric Bus-Stop along the Badagry Expressway in Lagos state.
Haroun said that Akure alongside an accomplice called ‘Paulo’ who is still at large, threatened passengers in a commercial bus with a locally made pistol and attempted to rob them.[pro_ad_display_adzone id=”70560″]
“The accused and his accomplice were in a commercial bus, they brought out a gun and ordered the driver and his passengers to cooperate with them.
“The passengers in the bus started shouting which alerted the attention of security men and passers -by in the area who pursued the accused and his accomplice.
“The accused was caught and a live cartridge was found in his possession while his accomplice escaped,” the prosecutor said.
The defence counsel, Mr Boniface Ohemu, however, maintained throughout the trial that Akure did not possess a firearm and did not attempt to rob the passengers in the bus. (NAN)