On the 24th of April, 2024, one Adamu Muhammad facing a two Count charge of Conspiracy to Commit Robbery and Persons found armed with intent to commit felony was released after three years of being in custody.
The Prosecution counsel, Adeyegbe T. had argued that the Defendant had conspired with some other persons to commit the offence of armed robbery but their plan was disrupted when the police tried to arrest them and was only able to arrest the Defendant. The Prosecution called only one witness, the Investigating Officer, who narrated the discovery of his investigation
The Defendant testified for himself and stated that he came to Lagos with his boss for a business and was arrested when he went to get recharge card for his boss.
The counsel from DNL Partners who represented the Defendant pro bono, Hameedah Oshodi Esq., argued that the Prosecution failed to establish that the Defendant conspired with anybody to commit armed robbery or was found armed. She argued that the evidence of the Prosecution’s sole witness is entirely hearsay and cannot be relied upon. She also argued that the Prosecution’s failure to produce the arms allegedly found in the Defendant’s possession is fatal to the Prosection’s case.
The Honourable Court in its Judgment held that although the Prosecution was not able to prove conspiracy to commit Armed Robbery, the Prosecution was able to prove a lesser offence of Conspiracy to commit felony.
The court stated that the IPO does not have to be the arresting officer and his evidence does not amount to hearsay evidence. The Court stated further that the
evidence of the Defendant in an attempt to retract the confessional statement is not believable and no weight can be placed on it.
The Court also stated that absence of the weapons is not fatal to the Prosection’s case where there’s substantial evidence to prove the case of the Prosecution.
The Honourable Court held that the Proescution has proven its case beyond reasonable doubt. The Defendant was thereby found guilty and convicted of the two Counts.
On behalf of the Defendant, Ms. Oshodi pleaded with the court to tamper justice with mercy as the Defendant is a first time offender and has been in custody since 2021.
Having considered the allocutus made by Ms. Oshodi, the Court sentenced the Defendant to three years imprisonment starting from the period he was in custody. The Defendant having been in custody since 2021 had completed the three years jail term and was released immediately.