The Lagos Magistrates’ Court, yesterday in Yaba, has freed a 15-year-old teenager (name withheld), charged with murder of her father’s friend, Babatunde Ishola, 51, who attempted to rape her at his residence at Nwadolu Street, Aboru, Lagos.
She was freed based on the legal advice of the Lagos State Director of Public Prosecution (DPP) that the case lacked ingredients of murder.
Delivering the judgment in the case, the presiding magistrate, Mr. Philip Adebowale Ojo, said the case file after due consideration of facts, was decided that there were insufficient facts to establish a prima facie case of murder against the suspect, contrary to Section 222 of the Criminal Law, Cap. C17, Vol.3 Laws of Lagos State.
According to the Office of Public Defender (OPD), the court ruled that ingredients required to prove the offence of murder against the suspect were not all present from the facts of the case.
“Also clearly, the intention to kill or cause grievous bodily harm to the deceased cannot be established. It is settled law that in a case of murder defences raised by the evidence, whether specifically put up by the suspect or not, must be properly considered.
“No matter how weak or stupid a defence raised by a suspect may appear, it must be properly considered.” Consequently, Mr. Philip Ojo discharged and acquitted the suspect of a murder charge.
Recalled that the teenager was represented by the Lagos State OPD since the inception of the matter, a period of detention and investigation at the State Criminal Intelligence and Investigation Department (SCIID) and arraignment before Yaba Magistrates’ Court on a one-count charge of killing Ishola on March 7 this year at Nwadolu Street, Aboru, in Alimosho Local Government.
She was said to have gone to help the deceased with chores as usual.
“But while she was helping out with the water, on the said date, the deceased allegedly attempted raping her and she picked a knife from the room and stabbed him, thereby, committing an offence punishable under the Criminal law of Lagos State, Nigeria, 2015.
She was thereafter remanded at the Correctional Home for Girls, IdiAraba and the case adjourned for legal advice of the Lagos State Director of Public Prosecutions.
