An Ikeja High Court yesterday discharged Ojo Gbenga of the offence of armed robbery due to the absence of witnesses.
Justice Oyindamola Ogala struck out the two-count charge of armed robbery and conspiracy brought against the suspect by the state.
The trial judge said the defendant is presumed innocent until the prosecution is able to prove the charge against him.
“The defendant should be released in the absence of any matter in any other court.
“The prosecution is at liberty to re-arrest him 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.
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He said this explained his absence in court.
Azeez said that his efforts to contact the Investigating Police Officer (IPO) in charge of the case was not fruitful.
Responding, the defence counsel, Bidemi Ademola urged the court to strike out the matter.
, since the prosecution witness had relocated, and had 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.
The defendant was first arraigned before to the court on August 3, 2022 on a two-count charge bordering on conspiracy and armed robbery.
He was alleged to have carried out the act in company of others, now at large, on February 26, 2022, at about 10:30 p.m., in Ojo-Ladipo Street, Ikotun area of Lagos.