The Federal High Court in Lagos Monday discharged and
acquitted 10 persons charged with murder and pipeline
vandalism.
Justice Mohammed Idris held that the prosecution failed
to prove that the defendants committed the offence.
He said the police could not discharge the burden of
proof placed on it in establishing the accused persons’
guilt..
“A summary of the evidence of eye witnesses is that they
were in Arepo near Ikorodu on September 5, 2012 when
petroleum vandals opened fire on them and they
scrambled for safety.
“All the eye witnesses could not identify the vandals who
shot at them, neither was it proved that the persons
named in counts five, six and seven were dead,” the
judge held.
The accused persons Joel Inerepamu (25), Rueben
Oluwole (60), John Isaiah (28), Ineye Okposa (40), Timi
Gunugunu (22), and Olisa Saheed (25).
Others are Jigo Jiperende (31), Timi Koro (29),
Johnbosco Igbhofose (26), and Peter Opidi (28).
They were arraigned on November 29, 2012, on a seven-
count charge bordering on conspiracy, breaking of oil
pipeline, dealing in unrefined petroleum products and
murder of three engineers of the Nigeria National
Petroleum Corporation (NNPC).
They had all pleaded not guilty to the charge.
Justice Mohammed Idris had ordered accelerated hearing
of the case.
The prosecution called 10 witnesses, while the accused
testified for themselves.
Justice Idris held that pathologist report was never
tendered and there was no proof that the NNPC
engineers, who were reported missing, were dead.
He said the witnesses who testified merely suspected
that the victims were dead.
“The prosecution initially filed proof of evidence signed by
ACP Ibadin, Legal officer prosecuting counsel, in whom
the ninth and 10th accused were named as witnesses.
“However, in a dramatic turn, the witnesses later became
accused persons in an amended charge dated April 12,
2013.
“In my view, the prosecution has failed to meet the
requisite standard of proof which is beyond reasonable
doubt and the court so hold.
“It is clear that the first to eight accused were charged on
mere suspicion and the law is clear that suspicion no
matter how strong, cannot amount to proof in criminal
trial. It is a wavering accusing finger which must stand
straight to establish guilt.
“I hold that the entire body of evidence led by the
prosecution is inadmissible; it is better to save several
guilty men, than to condemn one innocent man.
“This court cannot find its way clear in convicting the
accused based on the evidence adduced by prosecution;
this case must therefore fail.
“All of the accused persons are hereby discharged of all
counts of the charge, and this court so hold,” Justice
Idris held
The accused were alleged to have conspired to vandalise
an oil pipeline located at Arepo in Ogun State.
It was alleged that on sighting engineers on maintenance
work from the NNPC, the accused opened fire, killing
three of the engineers.
The alleged offences contravened sections 3(6), 4(a), 7
(a) (b), 17 (a) of the Miscellaneous Offences Act Cap
M17, Laws of the Federation, 2004, and Section 319 of
the Criminal Code, Laws of the Federation, 2004.
