The Federal High Court in Lagos Monday discharged and acquitted 10 persons charged with murder and pipeline vandalism.
Justice Mohammed Idris held that the prosecution failed to prove that the defendants committed the offence.
He said the police could not discharge the burden of proof placed on it in establishing the accused persons’ guilt.
“A summary of the evidence of eye witnesses is that they were in Arepo near Ikorodu on September 5, 2012 when petroleum vandals opened fire on them and they scrambled for safety.
“All the eye witnesses could not identify the vandals who shot at them, neither was it proved that the persons named in counts five, six and seven were dead,” the judge held.
The accused persons Joel Inerepamu (25), Rueben Oluwole (60), John Isaiah (28), Ineye Okposa (40), Timi Gunugunu (22), and Olisa Saheed (25).
Others are Jigo Jiperende (31), Timi Koro (29), Johnbosco Igbhofose (26), and Peter Opidi (28).
They were arraigned on November 29, 2012, on a seven-count charge bordering on conspiracy, breaking of oil pipeline, dealing in unrefined petroleum products and murder of three engineers of the Nigeria National Petroleum Corporation (NNPC).
They had all pleaded not guilty to the charge.
Justice Mohammed Idris had ordered accelerated hearing of the case.
The prosecution called 10 witnesses, while the accused testified for themselves.
Justice Idris held that pathologist report was never tendered and there was no proof that the NNPC engineers, who were reported missing, were dead.
He said the witnesses who testified merely suspected that the victims were dead.
“The prosecution initially filed proof of evidence signed by ACP Ibadin, Legal officer prosecuting counsel, in whom the ninth and 10th accused were named as witnesses.
“However, in a dramatic turn, the witnesses later became accused persons in an amended charge dated April 12, 2013.
“In my view, the prosecution has failed to meet the requisite standard of proof which is beyond reasonable doubt and the court so hold.
“It is clear that the first to eight accused were charged on mere suspicion and the law is clear that suspicion no matter how strong, cannot amount to proof in criminal trial. It is a wavering accusing finger which must stand straight to establish guilt.
“I hold that the entire body of evidence led by the prosecution is inadmissible; it is better to save several guilty men, than to condemn one innocent man.
“This court cannot find its way clear in convicting the accused based on the evidence adduced by prosecution; this case must therefore fail.
“All of the accused persons are hereby discharged of all counts of the charge, and this court so hold,” Justice Idris held
The accused were alleged to have conspired to vandalise an oil pipeline located at Arepo in Ogun State.
It was alleged that on sighting engineers on maintenance work from the NNPC, the accused opened fire, killing three of the engineers.
The alleged offences contravened sections 3(6), 4(a), 7 (a) (b), 17 (a) of the Miscellaneous Offences Act Cap M17, Laws of the Federation, 2004, and Section 319 of the Criminal Code, Laws of the Federation, 2004.
