A 34-year-old police constable, Paul Ogbeh, who had been battling with a murder charge has been discharged and acquitted by a Lagos State High Court sitting in Igbosere on Thursday
The acquitted convict who was a member of the Special Anti-Robbery Squad, SARS, Ikeja, was in 2010 convicted for the death of two alleged robbers, Abiodun Awe and Nelson Obeto at Ikorodu, when his team responded to a call.
Justice Olabisi Akinlade however discharged the 34-year-old of the two count charge of first degree murder that was earlier leveled against him due to the failure of the prosecution to provide sufficient evidence.
Akinlade said: “The defendant was performing his lawful duty on the day of the incident. The prosecution failed to prove its case beyond reasonable doubt.
“The prosecution did not tender any post-mortem or medical report in the death of the deceased, no ballistics report was tendered by the prosecution and there was also failure by the prosecution to produce eyewitnesses.
“All these lapses in the prosecution’s case have created doubt in the eyes of the court. The prosecution has failed to create any direct or circumstantial evidence linking the defendant to the death of the two deceased.
“The defendant is, hereby, discharged and acquitted of the two-count charge of murder against him.”
While reacting to his discharge, Ogbeh who was in tears said, “I feel happy because I held onto my God since the day of my incarceration because the murder happened while I was performing my lawful duties.