A Lagos State Magistrate Court in Yaba on Wednesday acquitted a teenager who was accused of killing a man who wanted to rape her.
The 15-year old girl was acquitted two months after allegedly committing the crime and remanded in a correctional centre.
In a statement by Mamud Hassan, the spokesperson of the Lagos State Office of the Public Defender (OPD), the 15-year old was acquitted based on the legal advice of the Director of Public Prosecution on the basis that the case lacked ingredients of murder.
PREMIUM TIMES reported in March how the teenager (name withheld) at Aboru High School, Iyana Ipaja, Lagos was accused of killing a 51-year old man who tried to rape her.
The deceased, Babatunde Ishola, was allegedly killed on March 7, at his residence at Nwadolu Street, Aboru after a rape attempt.
Mr Ishola was a security guard at the Aboru High school and a friend to the acquitted’s father.
According to the police, the teenager went to the deceased’s house to help him fetch water on a Saturday and “while she was helping out with the water, he attempted raping her and she picked a knife from the room and stabbed him.”
The case was investigated by the State Criminal Investigation Department, Yaba. The teenager was thereafter remanded at the Correctional Home for Girls, Idi-Araba, while the case was adjourned for legal advice of the Lagos State Director of Public Prosecutions.
Mr Hassan on Wednesday said the teenager was acquitted and released of murder charge due to lack of facts and evidence.
While delivering the judgment, Philip Ojo, the magistrate said that “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, ” the statement read.
Mr Ojo subsequently discharged and acquitted the suspect of the murder charge.
Babajide Martins, the Director of Lagos Office of the Public Defender (OPD), expressed satisfaction with the decision of the court to release the girl.
Mr Martins said the diligence and timely advice of the Director of Public Prosecution on the matter 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, ” the statement reads.
The Office of the Public Defender (OPD) is an institution established by the Lagos State Government to provide free legal services to indigents and low-income households in the state and enable them get justice.
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