Lady Justice

A Lagos Magistrate Court has discharged Mrs Shola Ogunwuyi, a former  Duty Manager of Air Peace of a four-count charge of conspiracy to commit a felony, forged seal or mark, stealing by conversion and unauthorized modification of computer data.

Mrs Oluwatosin Fogbohun, the Magistrate in discharging Mrs Ogunwuyi noted that “ PW1 (prosecution witness 1) is Mrs Olubunmi Akano, the Human Resources Manager for the nominal Complainant, Air Peace Ltd while PW2 is Insp. Bello Atiku (the IPO). Although PW2 Insp. Bello Atiku (the IPO) gave evidence for the prosecution but stopped coming to court, thereby denying defence counsel the right to cross-examine him. It will therefore be proper that this court discountenance the evidence of PW2 (IPO).

The defendant, Mrs Shola Ogunwuyi was arraigned before the Magistrate court on the 22nd of May, 2019 and pleaded not guilty.

The Magistrate in her judgement said “At the close of the prosecution’s case, Learned Counsel to the Defendant filed a No Case Submission while the Prosecution, on the other hand, failed to react to the process. Consequently

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the court will determine the application based on the submission of the defence Counsel, to see if the defence has established a case warranting this court to uphold the No-Case-Submission.”

She added that “ Learned counsel for the Defendant in arguing this application distilled a sole issue for determination to wit:- Whether the evidence adduced by the prosecution is so unreliable that no reasonable court could safely convict on it as no prima facie case is established against the Defendant that will warrant the Defendant opening her defence.

“Learned counsel submitted that no evidence of conspiracy was given throughout the case of the prosecution. That no evidence was led by the prosecution to the effect that a seal was or mark was forged. That no document or material was adduced to have been forged. Referred to Smart v. the State (1974) 11SC 173; Michael Alake & Anor v. the Stae (1991) 7 NWLR( Pt.205) 567,592.  It was also submitted that PW1 alluded to the fact that all the money paid in respect of the various tickets sold were paid directly into the complainant’s account and none was paid into the Defendant’s account…’

Citing many authorities, the Magistrate said “Flowing from the above, it is my well-considered view that the evidence of the only witness of the Prosecution –PW1 is so manifestly unreliable that no court or tribunal could safely convict on it as no prima facie case has been established against the Defendant which would have been sufficient to justify proceeding further with the trial against the Defendant.

“I, therefore, uphold the no-case submission of the Defendant. Consequently, the Defendant is accordingly discharged.”

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