Olowolagba and Adelowo had been engaged in a dispute over a piece of farmland at Efon Alaaye in Efon Local Government Area of Ekiti State, which led to the incident.
Olowolagba had earlier been discharged and acquitted of the same charges of assault, stealing and wilful destruction of property by an Chief Magistrate’s court sitting in Efon Alaaye.
But Justice Dele Omotoso in his judgment, on Tuesday, set aside the judgment of the Chief Magistrate’s court and held that the accused was guilty of assault.
Justice Omotosho however did not find the accused guilty of stealing and willful destruction, and therefore discharged and acquitted him on those counts.
Omotoso held that the accused person was guilty of assault carried out on Adelowo, hence he should be imprisoned or pay a fine of N10,000
The judge ruled: “I have found the respondent guilty of the offence of assault which I held was intentional and unlawful. It would be mischievous to find the respondent guilty of the alleged offence of wilful destruction.”
“Even though the torn clothes of PW2 (Adelowo) were tendered in evidence by the prosecution, the evidence on record revealed that the alleged offence of wilful destruction was an offspring of the offence of assault. I partially resolve Issue Number 2 in favour of the appellant.”
“Consequently, the appeal is allowed. The decision of the learned Chief Magistrate, discharging the respondent and finding him not guilty of the offence of assault is hereby set aside by this court.”
“I found the respondent guilty for the offence of assault. I accordingly convict him of the said offence and sentence him to three months’ imprisonment with an option of fine in the sum of N10,000.”
Dissatisfied with the verdict of the Chief Magistrate’s Court, the Police who arraigned Olowolagba filed an appeal at the State High Court to prove the case against the accused person.
The Police had in the appeal formulated two issues before the High Court for the determination while the respondent also formulated two issues for determination.
Head of Legal Department of the State Police Command, Mr. Femi Falade appeared for the appellant while Mr. Stanley Okonkwo appeared for the respondent.
Prosecution Witness 1 (PW 1), Michael Alafere in his examination in chief testified that the accused with a cutlass in his hand and two other persons stormed the farm which prompted Adelowo to call the police.
He said the accused person attacked Adelowo with the cutlass and the cutlass was retrieved from him but he continued beating his victim and almost strangled him.
Alafere also told the court that Adelowo was taken to Efon Alaaye General
Hospital where he received medical treatment with four receipts of medical treatment, hospital card, photographs showing the wounds on his body and the torn clothes admitted and marked as exhibits in the case.
The cutlass allegedly used by the accused person and the medical report were tendered by the Police and admitted as exhibits.
and then