A Chief Magistrate Court, Ogba has discharged and acquitted a man, Alhaji Balogun Sulaimon of allegation of forgery, stealing and fraudulently obtaining money filed against him by the Commissioner of Police.

The trial Magistrate, Lateefa Owolabi while discharging and acquitting Sulaimon, noted that the prosecution failed to prove all allegations against the defendant.

The court also urged Olugbemi town in Lagos to live in harmony and not to allow issues of chieftaincy, land and properties degenerate into loss of lives and limbs.

The Magistrate held that the dispute between the complainant and defendant centres on bickering over appointment of the complainant as the head and Bale of Agric Town in Ojo local government area of Lagos State.

The court, while ruling on ‘a no case submission’ filed by defendant counsel, Mr. O. Lawal, held that the prosecution did not establish the ingredient of the offence he is charged with.

The police had in a suit marked MIK/E/22/22 arraigned Sulaimon on seven counts bordering on forgery, stealing, impersonation, fraudulent obtaining money and breach of peace.

The police said his offence contravenes the provision of section 363, 280, 168, and 56(1)(b) of the Criminal Laws of Lagos State 2015.

However, the court held that there is no material either oral or documentary to link the defendant with the counts.

“On count seven that relates to the alleged verbal threat by the defendant, the court said, “This count is very germane in this charge and the prosecution witnesses gave evidence to show that there was indeed threat by the defendants.

“It is not something ordinary. Again, out of tussle, threats, intimidation and quarrel, unsavory words are traded by disputants. However, where such threats shall lead to loss of lives and limbs, the state must be more concerned with peaceful coexistence.

“Naturally, the prosecution witnesses must and/or are expected to give spicy evidence regarding the allegations, whilst at the same time give gory pictures of their opponents.

“All these allegations must be forwarded to the state for investigations. Thus, the state must take a balanced view and if satisfied, prefer a charge.

“This involves taking statements from the complainants and the alleged offenders, taking and or retrieving exhibits if any from the scene of crime, visiting the place of come conducting searches.

“It also entails taking evidence from witnesses who perceived the offence. It is after satisfaction that the defendants committed the offences, or an alleged offence has been met with a charge to court. None of these were done by the police.

“All the evidence from other witnesses are hearsay as they are not the victim of the alleged impersonation or collection of monies. Throughout the gamut of the testimony of the Gbenga Oni, he did not allude to any evidence to show that he investigated the allegations of the complainant,” the judge said.