The Lagos magistrates` court, sitting in Yaba on Wednesday morning freed a 15 years old teenager (name withheld) accused of killing her father`s friend, Babatunde Ishola (M) aged 51 while attempting to rape her based on legal advice of the of the of the Lagos State Director of Public Prosecution that the case lacked ingredients of murder.
Delivering judgement in the case, the presiding magistrate, Mr. Philip Adebowale Ojo said the case file after due consideration 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 therefore, ruled that ingredients required to prove the offence of Murder against the suspect were not all present from the facts of this case, also clearly intention to kill or cause grievous bodily harm to the deceased cannot be established. He said 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. And further notes that 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 acquited the suspect of murder charge.
It will be recalled that the teenager who was represented by the Lagos State Office of the Public Defender (OPD) since inception of the matter was arraignment before Yaba Magistrate Court on a one-count charge of killing Babatund Ishola on March 7,2020 at Nwadolu Street, Aboru in Alimosho local government area of the state, by stabbing him to death with a knife, thereby committing an offence punishable under the Criminal law of Lagos State, Nigeria,2015.
She was thereafter remanded at the Correctional Home for Girls, Idi-Araba and case adjourned for legal advice of the Lagos State Director of Public Prosecutions.
Speaking on the matter, the Director, Lagos Office of the Public Defender (OPD), Dr. Babajide Martins expressed satisfaction with the decision of the court to released the girl of murder charge. Martins while appreciating the professionalism, diligence and timely advice of the Director of Public Prosecution on the matter which made it possible for girl to be released because no prima facie case was established against her.
He assured 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.
The Director therefore appealed 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.
In their comment, the parents of the girl, Ojo Taiwo And Funke expressed deep appreciation to the Lagos state government and Office of the Public Defender ( OPD) for coming to their rescue with free legal services. According to them, without such institution established by the Lagos state for indigents, they would have lost hope of getting access to justice considering their low income status in a case of this nature.
