Court Acquits former Oyo State Lawmaker, Hon. Olafisoye Akinmoyede & 3 Others over Olatoye Sugar’s Death
The High Court sitting in Ibadan has discharged and acquitted former Oyo State House of Assembly Chief whip, Hon. Olafisoye Akinmoyede and three others, charged with the murder of a former member of the House of Representatives, Late Temitope Olatoye (aka Sugar).
Justice Maruf Adegbola while delivering the judgement, also discharged Alhaji Rafiu Adebayo, Alhaji Rasheed Oladele and Kazeem Ayinde.
Justice Adegbola held that the prosecution failed to prove its case beyond reasonable doubts. He held that the prosecution did not show any evidence to in court that the defendants were at the scene of the crime.
The evidence before the court exonerated the defendants.
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The judge said,
“It will amount to turning on the defendants to prove their innocence which is not a requirement of the Nigeria criminal justice system. In fact, doing so, contravenes section 36(5) of 1999 constitutional (as amended) and the rights of the defendants.
“The prosecution has not established any of the ingredients of the offence of murder charged so as to warrant the court to ask the defendants to enter its defence.”
“In my view, taking together the charges filed against the four defendants, the prosecution has not established any nexus to connect any of the four defendants to the offences with regard to the murder of Olatoye Temitope Sugar”
“I, therefore, hold that the prosecution has not proved any of the ingredients relating to the two charges against the four defendants.
“The prosecution failed totally to prove any of the ingredients of the two charges preferred against the accused persons. It will amount to turning on the defendants to prove their innocence, which is not a requirement of the Nigeria Criminal Justice System. In fact, doing so contravenes the constitutional rights of the four defendants, Section 36(5) of the 1999 constitution (as amended).
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“For this reason, I will not consider the evidence by the four defendants, in its defence, as the prosecution has not established any of the ingredients of the two offences charged so as to warrant the court to ask any of the four defendants to enter upon its defence.
“In conclusion, taking together the case put before me by the prosecution together with the evidence led, I am of the opinion that the prosecution failed to establish the charges preferred against the defendants, and the defendants are discharged and acquitted.”
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