Charge against Onikoyi, others struck out
A Lagos Magistrate Court sitting in Igbosere has absolved Prince Tajudeen Onikoyi alongside three others of allegation of breach of public peace.
The charge was preferred against them by the state Commissioner of Police (CP). Other defendants in the suit are Idowu Johnson, Bolaji Onikoyi and Abari Onikoyi.
The presiding magistrate, A.F Adeeyo discharged and acquitted them, while ruling on a no case submission.
The defendants were dragged before the magistrate on a three courts charge that borders on the alleged offence.
The court in upholding the no case submission said the prosecution failed to prove beyond reasonable doubt the allegation against the defendants.
According to Adeeyo, in our criminal justice system, without any exception, the onus and duty is on the prosecution throughout to establish and prove the guilt of the defendant beyond reasonable doubt and this burden never shifts.
His words: “It is not essential for the prosecution to prove its case with absolute certainty, but the ingredients of the offence (s) charged must be proved as required by law and to the satisfaction of the court.
“There was no clear and distinct evidence which weapon each defendant carried to damage the alleged fence on the land. No evidence was also led on who amongst the four defendants damaged the fence of the land and with which of the weapons allegedly brought on the land.
“PW1 gave evidence that Oba Onikoyi sent a photographer to the land to take photographs but no photograph was tendered by the prosecution to show the extent of the alleged damage on the fence.”
He stated that the prosecution has woefully failed to show that any of the four defendants conducted himself in a manner likely to cause breach of the peace in a public place.
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