LACON GIVING VOICE TO THE VOICELESS IN OGUN STATE

Judgement was delivered State V Wasiu Adeoye-Ab/19c/2019 before Hon. Justice O. Ogunfowora, at High Court 7, Abeokuta, Ogun State, wherein the defendant was DISCHARGED & ACQUITTED on a 3 count charge of breaking into a building.

The facts of the case are that sometime in 2017, the defendant broke into three different buildings and carted away properties as well as the sum of N80,000 belonging to three different individuals (the complainants). The Prosecution called only 1 witness (the IPO), who testified and also tendered about 8 exhibits, which include statements by the complainants, defendant as well as search warrant, bonds etc., while the defendant testified for himself.

The Trial Judge agreed with the submission of Barrister A. Adeaga of the Legal Aid Council that the said exhibits tendered by the IPO should treated as hearsay evidence and that no evidential value be placed on them since the maker (the complainants) were never called as witnesses to afford the court the opportunity of attaching any weight to same.

The Court also went further to affirm the position of Barrister Adeaga that the said confessional statements made by the defendant did not pass the six tests and cannot ground a conviction.

In conclusion the Prosecution failed to prove the guilt of the defendant beyond reasonable doubt and he was subsequently discharged and acquitted.