A 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 74 counts bordering on conspiracy, wilful damage to property, stealing and grievous bodily harm.

Justice Modupe Nico-Clay, in a judgment delivered on Tuesday, held that the prosecution failed to prove the essential ingredients of the offences beyond reasonable doubt.

The defendant was arraigned on April 1, 2014, by the Lagos State Government over allegations arising from a dispute linked to the Baaleship of the community.

The charge originally contained 75 counts, with 74 counts filed against Abiye. Count one alleged conspiracy to commit felony, namely wilful damage to property and stealing, contrary to Section 411 of the Criminal Law of Lagos State.

Counts two to 32 related to wilful damage to property under Section 350, while counts 33 to 72 bordered on stealing under Section 287. Counts 73 and 74 alleged grievous bodily harm under Section 247 of the same law.

During the trial, the prosecution, led by Titilayo Daud, called eight witnesses, while the defence counsel, Yemi Omodele, called four witnesses.

I  n her evaluation of the evidence, Justice Nico-Clay held that the testimonies of the prosecution witnesses were riddled with contradictions and could not be relied upon to sustain a conviction.

“The charge of conspiracy to commit felony to wit wilful damage to property has not been proved beyond reasonable doubt,” the judge held.

“I have carefully considered the evidence of all the prosecution witnesses; they cannot be relied upon as they are contradictory and discredited during cross-examination,” she added.

The court further held that the prosecution failed to establish the alleged damage to properties, noting that no credible evidence was presented in that regard.

“These are material and go to the root of the case and have created a reasonable doubt in the mind of the court,” the judge said.

On the allegation of use of firearms and violence, the court reviewed testimonies of prosecution witnesses, including claims that the defendant was seen with weapons and allegedly led attacks on community members.

However, Justice Nico-Clay noted that no firearm or weapon was recovered from the defendant, weakening the prosecution’s case.

The court consequently dismissed counts one to 32.

On the stealing charges, the judge held that the prosecution failed to establish that the items allegedly taken were dishonestly converted or that there was intention to permanently deprive the owners.

”   evidence before the court is not compelling enough to support the charges; no material facts have been placed before the court,” she held, before dismissing counts 33 to 72.

On the counts of grievous bodily harm, the court again found no credible evidence linking the defendant to the alleged offences, noting that neither a gun nor a cutlass allegedly used was recovered.

“None was found by the police in this case. This count is hereby dismissed,” the judge ruled.

The court also rejected medical reports tendered by the prosecution, observing discrepancies in dates which undermined their evidential value.

Justice Nico-Clay further considered the defence of alibi raised by the defendant, holding that the prosecution failed in its duty to investigate and disprove the claim.

Citing the decision in Udo v State, the judge reiterated that where an alibi is raised timeously, the burden lies on the prosecution to verify it.

“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,” she held.