Reprieve came the way of one Ojo Gbenga, a suspect standing trial for alleged armed robbery and conspiracy, as an Ikeja High Court on Monday struck out his case due to absence of the prosecution witness.
According to Justice Oyindamola Ogala, the “defendant’s presumption of innocence is still valid’’.
“The defendant should be released in the absence of any matter in any other court.
“The prosecution is at liberty to re-arrest when the victim (who is the prosecution witness) is ready to reopen the case,” Ogala said.
The state prosecutor, O.A Azeez, told the court that the prosecution witness, who is the victim in the matter, relocated outside of Lagos State after the incident, hence his absence.
Azeez said that he also tried to contact the Investigating Police Officer (IPO) in charge of the case but the effort was not fruitful.
The defence counsel, Bidemi Ademola, told the court that the matter should be struck out since the prosecution witness had relocated with no intention of coming back to Lagos.
He said that the defendant has been in custody since 2022 and should not be kept there indefinitely.
News Men reports that the defendant was first arraigned on August 3, 2022, on a two-count charge bordering on conspiracy and armed robbery.
Gbenga was alleged to have carried out the act in company of others, now at large, on February 26, 2022, at about 10:30 pm, in Ojo-Ladipo Street, Ikotun area of Lagos.
The offences, according to the prosecution, contravene sections 299 and 297 (2) (a) of the Criminal Laws of Lagos State, C. 17, Vol 3, Law of Lagos State, 2015.