The Lagos magistrates` court, sitting in Yaba this morning freed a 15 years old teenager (name withheld) accused of killing her father`s friend, Babatunde Ishola (M) aged 51 while attempting to rape her based on legal advice of the of the of the Lagos State Director of Public Prosecution that the case lacked ingredients of murder.
This was contained in a press release by Mamud Hassan, Director, Public Affairs, OPD.on the 10th of June, 2020. He also said that during the delivering judgment in the case, the presiding magistrate, Mr. Philip Adebowale Ojo said the case file after due consideration of facts, it was duly decided that there were insufficient facts to establish a prima facie case of Murder against the suspect contrary to Section 222 of the Criminal Law, Cap. C17, Vol.3 Laws of Lagos State.
The court therefore, ruled that ingredients required to prove the offence of Murder against the suspect were not all present from the facts of this case, also clearly intention to kill or cause grievous bodily harm to the deceased cannot be established.
He also said that it is settled law that in a case of Murder, defenses raised by evidence, whether specifically put up by the suspect or not, must be properly considered.
And further notes that no matter how weak or stupid a defense raised by a suspect may appear, it must be properly considered. Consequently, Mr. Philip Ojo discharged and acquitted the suspect of murder charge.
It will be recalled that the teenager who was represented by the Lagos State Office of the Public Defender (OPD) since inception of the matter, period of detention and investigation at the State
Criminal Intelligence and Investigation Department (SCIID) and arraignment before Yaba Magistrate Court on a one-count charge of killing Babatund Ishola on March 7,2020 at Nwadolu Street, Aboru in Alimosho local government area of the state, by stabbing him to death with a knife, thereby committing an offence punishable under the Criminal law of Lagos State, Nigeria,2015.
She was thereafter remanded at the Correctional Home for Girls, Idi-Araba and case adjourned for legal advice of the Lagos State Director of Public Prosecutions.
Speaking on the matter, the Director, Lagos Office of the Public Defender (OPD), Dr. Babajide Martins expressed satisfaction with the decision of the court to release the girl of murder charge.