Court Set Aside Conviction of Murder Suspect For Lack of Diligent Prosecution
A Lagos State High Court sitting in Ikeja has discharged and acquitted a security guard charged with the murder of a labourer, Victor Amussu.
Delivering judgment, Justice Oyindamola Ogala noted that the prosecution has not been able to prove the murder charge beyond reasonable doubt against the security guard, Mustapha Muhammed.
Muhammed was arraigned on a count charge which borders on murder contrary to Section 223 of the Criminal Law, Cap C.17, Vol. 3, Laws of Lagos State, 2015.
According to charge information, on the 14th of October, 2021 at No 8/10 Rasaq Tayo Street Ikorodu, Lagos State, in the Ikeja Judicial Division whilst armed with a kitchen knife did unlawfully kill one Victor Amussu.
In her ruling, she highlighted elements that must be present before a plea of self-defence can avail the defendant
The elements are; “There must be reasonable apprehension of death or grievous harm;
b. It was necessary to use force at that time;
c. The force used by Defendant must be proportionate to the force used or imminently threatened against him and reasonable in the circumstance”.
Justice Ogala explained that it is without a doubt that one of the elements of self-defence is that the force used by the Defendant must be proportionate to the force used or threatened to be used in the circumstance.
She said that in the instance of the case, the deceased and the defendant both received stab wounds, the Defendant’s testimony is also that he was held down by Francis whilst the deceased beat and stabbed him.
The judge noted that the prosecution however failed to offer any credible evidence as regards the proportionality of retaliatory action vis-vis the danger/fear of the defendant.
Justice Ogala said the Court believes that from the facts presented before it, there was indeed a threat to the life of the Defendant and the said threat was met with the necessary, reasonable, and commensurate retaliation by the deceased which unfortunately led to the death of the deceased.
She said the Court finds that the plea of self-defence would avail the Defendant and so holds.
She also said the Court finds that the Prosecution has therefore not proved its case against the Defendant.
Subsequently, Justice Oyindamola after citing various authorities, declared the defendant not guilty of the one-count charge of murder.
She thereafter acquitted him and ordered that the defendant be released from prison custody.
