Justice Hakeem Oshodi of the Lagos State High Court sitting in Ikeja on Thursday discharged and acquitted a businessman, Izuchukwu Mbadogha of allegations of conspiracy, armed robbery and burglary.
The court freed the 36-year-old man for want of evidence of the alledged offences.
The judge held that all essential elements of commission of offence were lacking in the prosecution of the matter by the Lagos State Government.
According to the judge, the prosecution could not establish involvement of the defendant by admission, confession or evidence.
The judge faulted the accusations, he said, “To establish a case of conspiracy, it is by direct evidence…, in sum, the prosecution has not proved conspiracy against the defendant.
He added that the defendant was not present at the time of the incident at about 5:00a.m.
Justice Oshodi ruled, “I hereby discharged and acquit the defendant of the three count charges brought against him on 6th, December 2016.
Izuchukwu Mbadogha, was re-arraigned on 6th, December 2016 on a three-count charge of conspiracy, robbery and burglary contrary to Section 297, 305 (1) (c)of the Lagos State Criminal Law, 2011.
The business man was said to have conspired with others at large to commit the alleged crimes on July 7, 2013, at about 5:00a.m, at 71, Coker Street, Ilupeju area of Lagos.
He was said to have robbed one Arthur Okonloji of his one pair of shoes, two shirts, three belts, four pair of trousers and other valuables worth over N20 million.
The judge also said, “To be candid, the evidence of the prosecution is not solid but depended on hearsay.
“It is hearsay and not admissible.He further noted, “It is almost said that witnesses can lie but they never prove.”
