COURT DISCHARGE, ACQUITS PUBLISHER OVER IMPERSONATION, SAYS POLICE CHARGE BORNE OUT OF MALICE
The Assistant Superintendent of Police further told the court that, the house of the defendant was search, and nothing incriminating was found, adding that none of the witnesses told him they saw the defendant in a police uniform, and that he took the complainant because he wanted him to be part of the search.
Penpushing a further report that, Oladeni, PW3 admitted in court that, the defendant was a Publisher of a magazine that reveals social vices and that the defendant brought out some letter from his community commending him.
The defendant who is the Managing Director of Prime Communications Limited in his defence told the court that, he had earlier been robbed by gang of armed robbers in Iyana Ilogo axis of Ota town led by Olayemi Richard
The Publisher said, he thereafter wrote a petition to the Zonal Intervention Squad of the Federal Special Anti-Robbery Squad at Obada, adding that following intervention some suspects were arrested while the Pump Action used by the robbers in attacking him was recovered in the home of Richard, who later wrote a petition against him to the police.
‘Yemi Richard sent some people to beg me while some thugs threatened to attack me, and I called the Commander to release them (Richard inclusive) on bail. I later discovered that Yemi Richard made some confessions against’, he stated.
The defendant told the court that, days after the release on bail of the suspects by the police, it was amazing to him that on September 17, he was on his way home from office when he got to Iyana Cele Bust Stop, and accosted by four policemen and told him there was a petition of impersonation and assault against him.
The Publisher explained that, he was dazed to be told that, the same robbery ring leader who attacked him was said to be behind the petition against him, and therefore refused to write statement at the police station.
Penpushing also reports that, the defendant said he was taken in Yem Richard’s vehicle by two policemen to the house where he was robbed at Iyana Ilogbo, and his house and hotel were searched but nothing incriminating was recovered
The defendant said the Investigating Police Officer asked him to appeal to Yemi but refused , and his refusal was met with maltreatment by the police, who deliberately handcuffed and led him to his community enroute his residence.
Penpushing reports that, Olaitan said he was later released on bail, and later invited by the police to come for settlement with Yemi Richard said to be the petitioner, but refused and was again detained over his position not to beg.
The defendant told the court that he did not anytime claim to be a police officer and he did not assault Yemi Richard, rather he (Richard) was the one with others that assaulted him with a Pump Action Rifle, and also denied harassing people in Iyana Ilogbo and calling himself a police officer.
The defence counsel, Barrister Isaac Durowoju filed a final written address dated October 23,2018,submitted that the prosecution did not substantiate the allegation of false representation against the defendant and there is no evidence against the defendant
Penpushing also reports that, the defendant counsel submitted that the prosecution failed to prove that the defendant actually assaulted the complainant, stressing that there are contradictions in the testimony of the prosecution witnesses and that same must be resolved in favour of the defendant, and urged the court to discharge and acquit the defendant.
The Magistrate, C.O Sofunde while delivering judgement said, ’from the evaluation before me, I find that the matter before me emanated as a result of the malice by the PW 1 and Pw 2 especially when there was a previous matter which involved the PW 1, PW 2 and the defendants as a complainant and the court must thread with caution in believing their evidence without further corroboration
‘Taking a hard look at the circumstances that happened before the present case before me, I find that the evidence of the prosecution has not swayed the court into believing that on the 21st of August, 2018, the defendant falsely presented himself to be a police officer, especially as the PW 1 and Pw 2 did not prove that they do not have an extraneous interest against the defendant.
Penpushing reports that the judge in his final judgment said, ’I find the defendant not guilty on count 1. The defendant is discharged and acquitted on count 1. On count 2, what is unlawful assault?. Having found earlier that the PW 1 and PW 2 instigated the case of false representation against the defendant as a result of malice, I find that count 2-unlawful assault was also alleged as a result of malice.
‘The evidence of PW1 and Pw 2 are to be regarded with considerable caution and where there is no evidence to corroborate their evidence, the court cannot go ahead to convict the defendant. I find the defendant not guilty on count 2. The defendant is accordingly discharged and acquitted on count 2’, the Magistrate declared.
