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  • Updated: March 28, 2021

Four Times Innocent Nigerians Almost Got Sentenced Unjustly

Four Times Innocent Nigerians Almost Got Sentenced Unjustly

"It is better that Ten Guilty Persons Escape than One Innocent Suffer." Sir Williams Blackstone.

​​​​​​All over the world, there have been occasions where innocent people are sentenced to prison unjustly. This is mostly attributed to the circumstance of the case and evidence adduced at the trial.

Such situations are indeed saddening particularly when a person gets life imprisonment or death sentences for crimes they know nothing about. 

Allnews.ng's Bolanle Akinlade recounts the stories of four Nigerians at the brink of losing their freedom, even life, before they were eventually vindicated.

A nurse almost got the gallows

After two-time senator Isiaka Adeleke’s Death, a nurse, Alfred Aderibigbe, was accused of overdosing the Osun senator to death. He was charged to court and faces a death sentence.

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Late Adeleke

Alfred Aderibigbe, the nurse who treated Isiaka Adeleke, was arraigned on June 8, 2018, before an Oshogbo High Court for allegedly administering overdose drugs on the late Senator

He pleaded not guilty to the count of murder preferred against him which is contrary to Section 316 and punishable under Section 319 of the Criminal Code Cap.36, Law of Osun, 2003.

The  Presiding Judge after considering the evidence adduced at the trial, discharged and acquitted Aderibigbe on the count against him for the failure of the prosecution counsel to prove his case beyond reasonable doubt.

The prosecuting team had called nine witnesses and tendered several exhibits during the trial.

Some of the witnesses who testified include; the Chief Medical Director of Ladoke Akintola University Teaching Hospital, Osogbo, Professor Akeem Lasisi, the Consultant Pathologist, who carried out the autopsy on Adeleke’s corpse, Dr. Taiwo Sholaja, a police forensic expert among others.

The defense counsel, Mr. Soji Oyetayo, had told the presiding judge to discountenance the submission of the prosecution counsel as misconceived and lacking in evidence as the prosecution failed to prove to the court that the defendant acted without a doctor’s prescription.

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Motorcyclist walks free after six years of murder accusation

murder

An Ikeja High Court set free a commercial motorcyclist, Tashiru Ibrahim, who had been in custody for murder for over six years.

Ibrahim was alleged to have committed the offence of murder which is contrary to Section 221 of the Criminal Law of Lagos, 2011. The least sentence he would have received would have been life imprisonment. 

According to the prosecution, the defendant killed one Sodiq Olayiwola by stabbing him on the leg with a knife during an argument over money,” the prosecutor said.

While delivering the judgment Justice Hakeem Oshodi stated that the prosecution did not provide sufficient evidence before the court and as a result, failed to prove its case beyond reasonable doubt.

Oshodi said that the prosecution had provided two witnesses, Saheed Olayiwola and Bello Ismaila, who were the siblings of the deceased.

“Upon the evaluation of the evidence of the prosecution witnesses, it was clear that they were not present at the scene of the alleged stabbing on the day of the incident.

“None of these witnesses gave evidence as to the particulars of the offence which is the stabbing of the deceased on the leg.

The trial judge added that the evidence they gave was just a narration of what they were told by other people namely, the deceased’s father, the doctor, and some people at the hospital who did not give evidence in this case.

Also, the police who should have investigated the case did not give evidence during the trial, he added.

Oshodi continued that the evidence available was that of prosecution witnesses who are not eyewitnesses to the alleged stabbing carried out by the defendant. They only became aware of the incident on the second day, which makes their evidence hearsay.

The judge said the prosecution can prove a charge of murder through the evidence of eyewitnesses, the confessional statement of the defendant, and circumstantial evidence.

He said that the prosecution did not prove to the court that the death of the deceased was caused by the defendant.

“A judge is not entitled to embark on any type of speculation in continuing a case of murder, the findings must rest on the evidence in the matter.

“Where no material exists, it is not the business of the judge or court to separate the ear from the silk.

“Having evaluated the evidence before it, the court holds and finds that the prosecution has been unable to prove a case of murder.

“As a consequence, the court finds the defendant Tashiru Ibrahim not guilty of the sole count charge. He is hereby discharged and acquitted,” the judge said.

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Bus conductor Nnamani almost locked up for aiding drug trafficking
Indian Hemp
A 35-year-old bus conductor, Chinedu Nnamani, accused of aiding the transportation of 18.5 kilograms of Cannabis Sativa (Indian Hemp) was discharged and acquitted at the Federal High Court, Abuja.

Nnamani was arrested when a luxury bus traveling from Lagos to Abuja was stopped on a routine stop and search near Gwagwalada in the Federal Capital Territory by officials of the NDLEA. 

Justice Babatunde Quadri absolved Nnamani of the charge on the grounds that the prosecution failed to substantiate the charge leveled against him.

The judge said the National Drug Law Enforcement Agency (NDLEA) as the prosecuting agency, ought to have placed substantial evidence before the court to prove its case against the defendant.

“I do not believe that the prosecution discharged its duty satisfactorily. They did not carry out a detailed investigation.

“The evidence of the prosecution is lacking in substance and grossly speculative,” said the judge.

Justice Quadri said the evidence of the prosecution was the fact that the defendant was the bus conductor on the luxury bus the drugs were found on.

“There are gaps and loopholes in the case of the prosecution.

“I am of the view that the prosecution has failed to prove the guilt of the defendant, I hereby discharge and acquit him,” the judge held. 

Near-jungle-justice-death and five years after, court acquits Shefiu, accused of bag snatching
Bag Snatch

Mudashiru Shefiu, a 27-year-old commercial motorcyclist, who had been remanded in prison for five years for allegedly snatching a handbag was discharged and acquitted.

According to the state prosecutor, Shefiu and his accomplice, who is still at large, allegedly committed the offense at Chevron Roundabout, Ajah, Lagos.

“While on a motorcycle, the men snatched a handbag from Mr. Paul Essien which contained different types of mobile phone recharge cards valued at N157,400.

“At the same time, they also robbed Mr. Barinaabie Baridam of his handbag containing recharge cards of various mobile phone networks valued at N69,100," the prosecutor said.

Aremu, the sole witness and IPO in the case, had testified in the trial that police at Chevron Police Station had received a distress call on the day.

He said the caller informed the police that a robber was caught by members of the public.

The policeman told the court that when he went to the scene of the crime, he saw Shefiu sitting on the ground with a car tyre around his neck about to be lynched by the mob.

He said he had to quickly rescue the commercial motorcyclist as well as his motorcycle from the mob and took him to the police station.

Justice Raliatu Adebiyi of an Ikeja High Court, who set him free, noted that testimonies presented at the court failed to connect the accused to the crime.

Adebiyi said the sole prosecution witness, Assistant Superintendent of Police, Victor Aremu (PW1), and the Investigating Police Officer (IPO) failed in their testimonies to mention the alleged accomplices.

“In the evidence of PW1, who is the sole witness, in this case, there was no mention of the alleged accomplices and his evidence can be circumstantial at best.

“PW1 gave no evidence of the items in question which were allegedly stolen, in his evidence; he talked about only one handbag and not two handbags as contained in the police statements.

“There was no evidence to show that the bags and recharge cards were indeed stolen by the defendant.

“In this case, the statement is not consistent or corroborative with other facts in the case,” she held.

Acquitting Shefiu, she said the prosecution failed ‘woefully’ to prove its case.

Shefiu had a huge smile of relief when he heard the judgment and could not contain his excitement in the dock.

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