Joy Anyim
The 15-year-old girl (name withheld), accused of killing her father’s friend, Babatunde Ishola, 51, while trying to rape her, was on Wednesday, discharged and acquitted by a magistrate court sitting in Yaba.
It was learnt that the teenage girl was acquitted based on the legal advice of the Lagos State Director of Public Prosecution, stating that her case lacked ingredients of murder.
The presiding magistrate, Mr. Philip Adebowale Ojo, said that after the case file was considered, it 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.
In his judgement, the magistrate said that the intention to kill or cause grievous bodily harm to the deceased cannot be established.
He noted that no matter how weak or stupid a defence raised by a suspect appear, it must be properly considered.
Speaking on the judgement, the Director, Lagos Office of Public Defender (OPD), Dr. Babajide Martins expressed satisfaction with the decision of the court.
In a statement signed by OPD Director of Public Affairs, Mamud Hassan, the OPD boss appreciated the professionalism, diligence and timely advice of the Director of Public Prosecution on the matter.
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Martins said, “ I want to assure other indigent people being represented in various cases that OPD has been re-organised and re-engineered to deliver first class free legal services in line with the current administration philosophy of better security and governance to all residents irrespective of gender and religion.
“ I therefore appeal to those that have suffered any form of rights denial, abuse and violence to visit any of the office of OPD nearest to them for free legal service. Martins assured members of the public that the office is still attending to the public during the lockdown within the governor`s directive. ”
Parents of the girl, Ojo and Funke Taiwo, expressed deep appreciation to the Lagos state government and Office of OPD for coming to their rescue with free legal services.
They stated that without such institution for indigents, they would not have had access to justice considering their low income status.
