The Lagos State High Court sitting in Ikeja has discharged and acquitted the Baale of Ito-Agan Community in Amuwo-Odofin Local Government Area, Akinmuleye Abiye, of a 74-count charge bordering on conspiracy, wilful damage to property, stealing and grievous bodily harm.
Justice Modupe Nicol-Clay delivered the judgment after finding that the prosecution failed to prove the essential elements of the offences against Abiye beyond reasonable doubt.
The charges arose from a dispute over the Baaleship of Ito-Agan Community and were filed by the Lagos State Government in connection with alleged incidents in the community.
The first count accused Abiye of conspiracy to commit felonies, including wilful damage to property and stealing, while counts two to 32 related to alleged wilful damage to property.
Counts 33 to 72 concerned allegations of stealing, while counts 73 and 74 alleged grievous bodily harm.
During the trial, the prosecution called eight witnesses, while the defence called four witnesses.
In her judgment, Justice Nicol-Clay said she carefully considered the evidence presented by the prosecution but found significant contradictions in the testimonies of its witnesses.
The judge held that the contradictions were material and created reasonable doubt in the case.
On the allegation of conspiracy and wilful damage to property, the court held that the prosecution had failed to establish the charges beyond reasonable doubt.
Justice Nicol-Clay also found that the properties allegedly damaged were not sufficiently established through credible evidence.
The court further considered testimony from prosecution witnesses who alleged that Abiye and people connected to him were involved in an incident involving violence, firearms and the destruction or removal of property.
One of the witnesses, Abudu Adekunle Joshua, alleged that Abiye’s men came into the community and destroyed properties.
Another witness, Logo Adefowope, alleged that he saw Abiye with a group of people and claimed that Abiye instructed them to shoot him.
A third witness, Sina Iwani, alleged that Abiye visited his shop and warned him to support his bid to become Baale. He also claimed that Abiye struck him with a cutlass.
However, the court noted that no firearm was recovered from Abiye.
Justice Nicol-Clay also considered evidence from other prosecution witnesses concerning allegations that Abiye had been carrying a firearm and cutlass during the incident.
The judge found that the prosecution evidence on the alleged weapons was not sufficient to support a conviction.
On the stealing charges, the court held that the evidence presented by the prosecution did not establish that the allegedly stolen properties were dishonestly taken or converted with the intention of permanently depriving their owners of them.
The judge said the evidence was not compelling enough to support the charges.
The court also rejected reliance on certain medical exhibits tendered by the prosecution, noting discrepancies concerning the dates of the documents and the alleged incident.
Justice Nicol-Clay further considered the defence of alibi raised by Abiye.
She noted that where an accused person raises an alibi at the earliest opportunity, the prosecution has a duty to investigate and verify the details of the alibi before seeking a conviction.
After considering the evidence before the court, the judge concluded that the prosecution had failed to establish the essential elements of the offences beyond reasonable doubt.
“I find the defendant not guilty of all the charges against him as the prosecution has failed to prove beyond reasonable doubt the essential elements of the offences,” the judge held.
Abiye was consequently discharged and acquitted of all 74 counts.
The judgment brings to an end the criminal proceedings against the Ito-Agan community head arising from the long-running dispute over the community’s Baaleship.