An Ekiti State High Court in Ado Ekiti has discharged and acquitted fifty-year-old Omobulejo Olawale (50) of the offence of murder.
According to the charge, Omobulejo Olawale on the 29th day of October 2017 at Lagarita Bar, Ado Ekiti in Ado Ekiti Judicial Division murdered one Ayeni Temitope, contrary to Section 316 and punishable under section 319 (1) of the Criminal Code Cap 16, Laws of Ekiti State, 2012.
In his statement to the Police, one of the bar attendants said, the deceased was the Manager of the bar as well as a friend to the defendant, he said, the defendant came to the bar on that day and was there till around 10:35pm adding that an argument ensued between them, he said, the defendant broke a bottle and stabbed the deceased on his left arm, the deceased lost a lot of blood before he was taken to Ekiti State University Teaching Hospital where he later died and deposited at the hospital morgue.
The defendant had denied the allegation, saying the late Temitope was his very close friend, he informed the court that, the deceased and some guests who came for bachelors eve in the bar has been fighting before he came to where he was and started blaming him for not joining him to fight those people.
“I did not answer him because he was heavily drunk, when he became uncontrollable, I left the scene, I later heard that the deceased has been injured by a broken bottle, I joined others to take him to the hospital where he later died, he concluded”.
To prove his case, the prosecutor, Julius Ajibare called one witness and exhibits tendered include the defendants’ statements, the deceased photographs among others.
The defendant spoke in his own defence through his counsel Kola Kolade and called no witnesses.
Delivering his judgment, Justice Lekan Ogunmoye said,
‘’There was no eye witness of the account of the incident. It was the evidence of the Investigating Police Officer that the investigation revealed that the deceased was heavily drunk with alcohol at the time of the incident. There was no circumstantial evidence before me which pointed irresistibly towards the defendant as a person that intentionally killed the deceased.
”The prosecution has failed to establish the guilt of the defendant beyond a reasonable doubt.
”The sole issue for determination is accordingly resolved against the prosecution. The defendant is discharged and acquitted’’.
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