Benin High Court discharges, acquits a man accused of murder

By Isaac Olamikan

A Benin High Court criminal division has discharged and acquitted Loveday Oyobagie of Oben Newebo Community in Ikpoba Okha Local Government Area of Edo State on the accusation brought against him in Charge No B/CD/ 179/2020 on 23rd of May, 2020 between 0730 – 0800hrs at Evboumoma Community off Benin/Warri byepass, Benin City.

He was accused of being armed with a gun to attack and kill one Eguavoen Aghatise by shooting him in the chest to death.

An offence punishable under section 319(1) of the Criminal Code Cap 48 Vol.11, laws of the defunct Bendel State of Nigeria 1976, as applicable in Edo State.

Justice E. F. Ikponwoba, in his judgment, discharged and acquittd Loveday as it was shown that he was not present at the scene of the crime and the evidence of the prosecution was not established to pin him as one who committed the crime of murder.

Responding to acquittal, Loveday, son of the Odionwere of Oben Newebo Community, said he was framed up as he was at a burial ceremony at the time the crime was committed.

His lawyer, Barrister Emmanuel Usoh, said: “It is a well considered judgment, even though some of us knew from the inception that the defendant was innocent. But because of the trumphed up allegations he needed to go through the full trial.

“Today, our position has been vindicated by the court’s verdict discharging and acquitting the defendant from the charge of murder preferred against him by the state on the basis of an allegation from Evboumoma Community  that Loveday participated in the murder of one of their indigenes.

“Today, Loveday has been shown to be one person who was not present at the scene of the crime and that the evidence of the prosecution was not established to pin him as one who committed the crime of murder. That’s the verdict of the court and we thank His Lordship, Hon. Justice E. F. Ikponwoba for a well considered judgment.”