Court dismissed armed robbery case over absence of prosecution witness

Ojo Gbenga, a defendant on trial for alleged armed robbery and conspiracy, received a reprieve as an Ikeja High Court dismissed his case on Monday due to the absence of a prosecution witness.

Justice Oyindamola Ogala emphasized that the defendant’s presumption of innocence remains valid.

“The defendant should be released in the absence of any matter in any other court. The prosecution is at liberty to re-arrest when the victim (who is the prosecution witness) is ready to reopen the case,” Ogala stated.

The state prosecutor, O.A Azeez, informed the court that the prosecution witness, who is the victim in the case, had relocated outside of Lagos State after the incident, leading to his absence. Azeez also attempted to contact the Investigating Police Officer (IPO) in charge of the case, but those efforts were unsuccessful.

In response, the defense counsel, Bidemi Ademola, argued that the case should be struck out since the prosecution witness had relocated with no intention of returning to Lagos. Ademola stressed that the defendant had been in custody since 2022 and should not be held indefinitely.

It’s worth noting that Gbenga was initially arraigned on August 3, 2022, facing a two-count charge related to conspiracy and armed robbery. The alleged crimes took place on February 26, 2022, at about 10:30 pm, in Ojo-Ladipo Street, Ikotun area of Lagos, with the charges contravening sections 299 and 297 (2) (a) of the Criminal Laws of Lagos State, C. 17, Vol 3, Law of Lagos State, 2015.