LACoN Ebonyi State Office giving Voice to the Voiceless.
LACoN Ebonyi State Office giving Voice to the Voiceless. The State vs. Oforbuike Ali, HKW/28C/2022. The defendant was arraigned on the 7/12/2022, on a count charge of unlawful possession of firearms. He took his plea same day and the matter was adjourned for hearing. The prosecution fielded one witness after series of adjournments, i.e, the IPO and closed her case. The defendant gave evidence for himself and we also closed our case. The prosecution tendered a pistol and a long single barrel fun. We objected to the pistol which was not contained in the sworn statement on oath of the IPO, the court upheld our objection and the pistol was marked rejected. We did not oppose the long single barrel gun because the defendant layed a foundation to the effect that same belonged to his late father who was hunter. He equally said he would not know if his father has license to operate same. The prosecution capitalized on the statement of the defendant to the effect that the long single barrel gun was found in his(house) saying it’s a confession. The court in arriving at its judgment, agreed with us that there are a lot of guns and other items left in houses by deceased parents. The court went ahead to also agree with us that the prosecution failed to prove the charge against the defendant as as the ingredients constituting the offence were lacking. He was consequently discharged and acquitted on 29/11/2023.