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Why Lagos Court discharged and acquitted Murder suspect

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Murder suspect discharged | e-nigeriang.com
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A Lagos Magistrates’ Court in Yaba on Wednesday discharged and acquitted a 15 year-old murder suspect, e-nigeria! had gathered.

The teenage girl was earlier arraigned on one count charge of murder on March 24, 2020.

e-nigeria! gathered that the suspect stabbed one Babatunde Ishola to death while he tried to rape her on March 7, 2020.

The deceased Ishola was identified as a friend of the defendant’s father who invited her over to his house to assist him with some house chores when he attempted to take undue advantage of her generosity by attempting to rape her on the said day.

The defendant allegedly picked up a knife and stabbed Ishola to death in self defence.

During her arraignment, the defendant pleaded not guilty to the charge leveled against her, and the magistrate ordered her to be remanded in the Correctional Home for Girls, Idi-Araba and adjourned the case for the state Director of Public Prosecutions –DPP advice.

At the resumption of proceedings on Wednesday, Magistrate Philip Ojo struck out the charge based on the DPP’s advice that the case lacked the ingredients of murder.

Magistrate Ojo held that the case lacked sufficient facts to establish a prima facie case of murder against the teenager.

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He ruled, “The ingredients required to prove the offence of murder against the suspect were not all present from the facts of this case and also an intention to kill or cause grievous bodily harm to the deceased cannot be established.

“It is a settled law that in a case of murder, defences raised by the evidence, whether specifically put up by the suspect or not, must be properly considered and no matter how weak or stupid a defence raised by a suspect may appear, it must be properly considered. So, the defendant is hereby discharged and acquitted.”

Reacting to the judgment, the Director, Lagos State Office of the Public Defender, Dr Babajide Martins, expressed satisfaction with the decision of the court to discharge and acquit the teenager of the murder charge.

He also appreciated the advice of the DPP on the matter, adding that the DPP made it possible for the girl to be released because no prima facie case was established against her.


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