A15-year-old girl (name withheld) who was charged with murdering her father’s friend, name Babatunde Ishola, who she claimed to allegedly attempted to rape her, has been freed by Lagos State Magistrate Court sitting in Yaba.
The Magistrate Philip Adebowale Ojo struck out the murder charge which was filed by the police against the Senior Secondary School (SSS) 3 student, following advice from the Lagos State Directorate of Public Prosecution (DPP)
Magistrate Adebowale while ruling over the case, maintained that after proper considerations of facts, it was duly 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.
The court also stated that ingredients required to prove the offence of Murder against the suspect were not all present from the facts of this case.
He further held that clear intention to kill or cause grievous bodily harm to the deceased cannot be established.
The court reminded that it is settled law that in a case of murder, defences raised by evidence, whether specifically put up by the suspect or not, must be properly considered.
Magistrate Adebowale further observed that no matter how weak or stupid a defence raised by a suspect may appear, it must be properly considered.
Consequently, Magistrate Abebowale discharged and acquited the suspect of murder charge.
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