A Lagos State High Court on Thursday acquitted a trader, Ola Samson of robbing an Indian national, Mr Manish Batiah of six laptops, a Nissan Almera saloon car and jewellery valued at 2,800 dollars.
Justice Olamide Akinkugbe, during a virtual hearing proceeding held via the Zoom Meeting app, acquitted and discharged Samson of the two-count charge of conspiracy to commit robbery and armed robbery.
The judge said the prosecution team did not prove the charges against Samson beyond reasonable doubt.
The prosecution led by Mrs Yinka Adeyemi, said Samson had allegedly committed the offence while armed with dangerous weapons alongside others who are now at large at 1am on April 8, 2017 at No. 16A, Daniyan Natalia St., Lekki Phase One, Lagos.
Samson in his testimony during the trial, denied robbing Batiah and had said he was arrested by authorities after he had bought one of the complainant’s allegedly stolen phones at the Alaba International Market, Ojo, Lagos.
Justice Akinkugbe in her judgment on Thursday held that Samson was not positively identified by Batiah as one of the persons who robbed him.
“There is also the issue of First Defence Witness (DW1) – Samson having a receipt for the phone which was allegedly never followed up.
“The version of how the defendant came in possession of the phone is not an improbable, I hold and was not controverted under cross-examination.
“The possession of a phone is not cogent proof that the defendant stole it,” the judge said.
Justice Akinkugbe noted that the prosecution had failed to establish that the defendant was at the scene of the crime.
She said: “The prosecution has also failed to place any evidence before the court which will raise an inference whether direct or circumstantial of conspiracy to commit robbery against the defendant.
“The prosecution have failed to prove an intention of a meeting of minds of the alleged perpetuators of the alleged crime to enable it become a conspiracy and to be translated into the physical act of armed robbery.
“On the totality of the evidence before the court, I find that the prosecution has not proven the charge of conspiracy to commit robbery and armed robbery against the defendant beyond reasonable doubt.
“Ola Samson, I find you not guilty as charged and you are hereby discharged and acquitted on both counts.”
Following the judgment, the defence counsel Mr A. O Ajayi, thanked the court for a “well-considered” judgment.
Samson was arraigned on Oct. 6, 2018 and had pleaded not guilty to the two-count charge of conspiracy to commit robbery and armed robbery, which contravenes Sections 297 and 299 of the Criminal Law of Lagos 2015.
The trial began on Nov. 23, 2018 and the defence closed its case on June 3, 2019.
