An Ebute Metta Magistrate has dismissed a robbery case brought by the police against one 37-year-old man, Akeem Aganran aka, “No Case” for wrongful prosecution.
The Magistrate, Mrs Ope-Agbe criticised the police for wrongful charge of the defendant.
The police had arraigned the suspect on three-count of unlawful possession of firearms.
The police said he was arrested with one AK 47 rifle without licence in the Mushin area of Lagos State, an offence punishable under section 409 of the criminal law of Lagos State and section 27 of the firearms Act Cap F28 laws of the Federation of Nigeria 2004, (as amended).
The defendant pleaded not guilty to the charge.
The prosecutor, Inspector Kehinde demands that the duplicate of the case file should be referred for DPP’s advice, stating that, “There is a sister case pending in the court. His friends were arrested sometimes in December last year and they pointed at him saying that all their weapons were kept in his custody.”
The magistrate then called the Investigating Police Officer (IPO) from State Criminal Investigation Department, Panti to shed more light on the case.
The IPO said, “No weapon was found with him only that his friends who were arrested last year December mentioned his name and they said that their weapons were kept with him.”
The magistrate said that there was no correlation between the charge and the IPO’s statement and therefore asked the IPO to restate the fact of the case the second time.
The IPO said the same thing.
The Magistrate said, “since the charge read that he did unlawfully have in his possession and under his control the following prohibited firearms: one AK 47 rifle and one pump action rifle without licence issued to you from the appropriate authority while the statement of the IPO indicates that no weapon was found with him, the defendant is thereby discharged.”