Court acquits 10 Arepo pipeline vandals
(Nigeria) A Federal
High Court in Lagos on Monday discharged and acquitted 10 accused persons
charged with pipeline vandalism in Arepo in Ogun State and killing of three
maintenance engineers with the Nigeria National Petroleum Corporation, NNPC.
The accused include Joel Inerepamu, 25, Rueben Oluwole, 60,
John Isaiah, 28, Ineye Okposa, 40, Timi Gunugunu, 22, Olisa Saheed, 25, Jigo
Jiperende, 31, Timi Koro, 29, Johnbosco Igbhofose, 26, and Peter Opidi, 28.
They were arraigned on November 29, 2012 on a seven-count charge bordering on
conspiracy, breaking of oil pipeline, dealing in unrefined petroleum products and
murder.
They had all pleaded not guilty to the charge.
The prosecution, during the trial, called a total of 10
witnesses, while the accused testified for themselves.
Delivering judgment on Monday, Justice Mohammed Idris held
that the prosecution failed woefully to discharge the burden of proof placed on
it, in establishing the guilt of the accused.
"A summary of the evidence of witnesses is that they
were in Arepo, near Ikorodu on September 5, 2012 when petroleum vandals opened
fire on them and they scrambled for safety; however, some of their members were
missing till date.
"All the witnesses could not identify the vandals who
shot at them, neither was it proved that the persons named in counts five, six
and seven were dead. A pathologist report was never tendered and there was no
proof that the NNPC Engineers who were reported missing were dead; the
witnesses merely suspected that the victims were dead,’’ he said.
Idris said that the prosecution had filed proof of evidence
signed by the lead prosecuting counsel citing the ninth and 10th accused as
witnesses.
He said: "However, in a dramatic turn, the witnesses
later became accused persons in an amended charge dated April 12, 2013.
"The confessional statements of the ninth and 10th
accused were tendered in evidence as exhibit H and H1, wherein the first to
eight accused were incriminated.
`` I noted that the ninth and 10th accused resiled from the
content of the exhibit. On October 29, 2012, the ninth and 10th accused
testified that they did not know the first to eighth accused, and were not
culpable of the offences.
"I did note some salient illuminating evidence of the
ninth accused, which was corroborated by the 10th accused, that they were
contracted by the police to locate the alleged deceased. That they found shallow graves on the second
day of their search, and dug over 20 graves before the police saw the bodies
they said they were looking for, and gave them sums of money for their
services.
"That the police also paid them to act as informants
and elicit information from the first to eight accused, by putting them in the
same cell with the first to eighth accused for two weeks. That they found
nothing incriminating against the first to eighth accused through their
interaction in the cell.
"The police dictated to them what to write as statement
and forced them to sign same, and were afterwards, re-invited to testify
against the accused. That they declined the request and were then arrested and
charged to court alongside the first to eight accused.
"I also note that the ninth and 10th accused were not
cross-examined on any of the evidence; the necessary implication is that the
evidence constitute the truth of the matter. What makes the evidence of the
ninth and 10th accused more probable is that they are metamorphosis from being
witnesses, to becoming accused persons.
"This becomes a mystery which the prosecution never
deemed fit to explain throughout the lengthy evidence which spanned for three
years. In my view, the prosecution has failed to meet the requisite standard of
proof which is beyond reasonable doubt and the court so hold, ‘’ Judge said.
He said that it was clear that the first to eighth accused
were charged on mere suspicion adding that `` the law is clear that suspicion,
no matter how strong, cannot amount to proof in criminal trial. It is a
wavering accusing finger which must stand straight to establish guilt.
"I hold that the entire body of evidence led by the
prosecution is inadmissible; it is better to save several guilty men, than to
condemn one innocent man. This court cannot find its way in convicting the
accused based on the evidence adduced by prosecution; this case must therefore
fail.
"All of the accused persons are hereby discharged of
all counts of the charge, and this court so hold,’’ he said
The accused were alleged to have conspired to vandalise an
oil pipeline located at Arepo in Ogun State.
It was alleged the accused persons shot and killed three
maintenance engineers that worked for the Nigeria National Petroleum
Corporation, NNPC.
The offences were said to contravene the provisions of
sections 3(6), 4(a), 7 (a) (b), 17 (a) of the Miscellaneous Offences Act Cap
M17, Laws of the Federation, 2004, and Section 319 of the Criminal Code, Laws
of the Federation, 2004.
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