An Ekiti State High Court sitting in Ado Ekiti has set free a 39-year-old man after spending three years behind bars.
The defendant, Mathew James was arraigned before Justice Adeniyi Familoni in March, 2021 on two – count charge bordering on conspiracy and armed robbery.
The charge reads that the defendant and others now at large on 19th October, 2020 at Osan Omo Street, Igbara Odo Ekiti within the jurisdiction of this honourable court did conspire to commit felony to wit, armed robbery and on same date and place did rob one Nelson Emmanuel of his laptop, cash sum of N150, 000 and jewelries, at the time of the robbery he was armed with gun and cutlass.
According to the prosecutor, the offences contravene Section 6(b) of the Robbery and Firearms (Special Provisions) Act. Cap. RII, Vol. 14 and Section 1(2) (a) Robbery and Firearms (Special Provisions) Act. Cap. RII, Laws of the Federation of Nigeria, 2004.
In his statement to the police, the victim said, “I was sleeping in my room, around 1:30 a.m., I heard loud voices demanding for my presence to kill me, when I heard this, I locked the door behind and escaped through the back window, I ran to my military friend who later led me to police station for official complaint, I led police to the house at daybreak when I discovered my laptop, cash sum of N150, 000, phones and jewelries had been carted away but I can recognize one of them through his voice, he concluded.
To proof his case, the prosecutor, Kunle Adeyemo called one witness and tendered one short barrel gun, statements of the victim and defendants among others as exhibits while the defendant spoke through his counsel, Adeyinka Opaleke, he denied committing the alleged offence and called no witness.
In his judgment, Justice Adeniyi Familoni said, on the whole, it is my finding that the prosecution has not proved the alleged offences of conspiracy and armed robbery beyond reasonable doubt to warrant his conviction and sentence, the sole issue for determination is thus, resolved against the prosecution and in favour of the defendant.
On the premise, the defendant, Mathew James is hereby discharged and acquitted on the two-charge of conspiracy and armed robbery.
