An Ekiti State High Court on Monday discharged and acquitted all the seven persons accused of complicity in the murder of the former National Union of Road Transport Workers ( NURTW ) Chairman Omolafe Aderiye.
The judgment of the court in the case which lasted for over three years sparked emotions and wild jubilation by families, associates and supporters of the defendants who had massed outside the court premises.
Aderiye, an ally of Governor Ayo Fayose, was killed on 25th September, 2014 at his private motor park, Lafe Ade Transport Services, located in Ijigbo area of Ado-Ekiti, the state capital.
The accused persons who breathed the air of freedom are Adebayo Aderiye a.ka. Ojuigo, Adeniyi Adedipe a.ka. Apase, Sola Durodola, Kayode Ajayi, Oso Farotimi a.k.a. Oso Polo, Sola Adenijo a.ka. Solar and Rotimi Olanbiwonnu a.k.a. Mentilo.
The case commenced in November 2014 shortly after Fayose came to power and they had been in prison custody since then.
Trial judge, Justice Adekanye Lekan Ogunmoye, held that the prosecution failed to prove the complicity of the accused persons in the murder of Aderiye.
In arriving at the judgment, Ogunmoye held that the police failed to investigate the alibi of the accused which proved fatal to the case of the prosecution.
He ruled that the accused persons succeeded in convincing the court that they were not at the scene of the crime which the prosecution failed to rebut.
According to him, the prosecution failed to prove the count of conspiracy to kill the late Aderiye and the count of murder against all the seven defendants.
Ogunmoye held that the case of the prosecution was not helped by contradictory evidence led its witnesses which he said the court won’t believe.
For instance the judge faulted the evidence of PW 1, Wale Ibidapo, that one Adesokan Adedeji Israel emerged from a Golf car and shot sporadically into the air before firing the shot that killed the late transporter.
Ogunmoye held that “it is inconceivable that amidst sporadic gunshots, the witness would observe the purported killer(s) as what would be in the mind of the witness was how to escape from the scene hence the court won’t believe Ibidapo’s evidence.
Another witness whose evidence was discountenanced was PW3, Gbolahan Okeowo, who, according to the judge, gave “mutually contradictory” evidence.
The judge held: “Inconsistencies in the evidence of the prosecution witnesses has created a doubt. Where two or more witnesses give contradictory evidence, it will be illogical to believe their testimony.”
Ogunmoye held that in the charge of murder, the case must be proved beyond reasonable doubt which the prosecution has failed to do in the case at hand.
The judge ruled: “None of the alibi raised by the defedants was investigated by the police. The evidence of the prosecution failed to bring down the evidence of the defendants.
“The plea of evidence succeeds that the accused were not at the scene of the crime. The prosecution failed to rebut the evidence of the defendants.
“The prosecution has been unable to prove that the death of Chief Omolafe Aderiye was caused by any of the defendants.
“There was nowhere conspiracy can be inferred against any of the defendants. The first to seventh defendants are hereby discharged and acquitted.”
There was drama within and outside the premises of the State Judiciary Complex shortly after the court rose as some family members of the defendants rolled on the ground while others wept.
Armed policemen had a hectic time controlling the massive crowd of supporters outside the court who sang and carried some of the defendants shoulder-high.
The security was tight as the Fayose government had scheduled a rally same day to drum support for the candidature of Deputy Governor Kolapo Olusola at Fajuyi Park near the court premises.
