Ojo Gbenga, who was standing trial for alleged armed robbery and conspiracy, has been granted reprieve.
The case was struck out by a Lagos State High Court sitting in Ikeja, due to the absence of the prosecution witness.
Justice Oyindamola Ogala made it clear that the defendant’s presumption of innocence is still valid and that he must be released in the absence of any matter in another court.
The judge said that the prosecution is at liberty to re-arrest Gbenga when the victim, who is the prosecution witness, is ready to reopen the case.
The Defence Counsel, Bidemi Ademola, argued that the matter should be struck out since the prosecution witness had relocated with no intention of coming back to Lagos.
Ademola further added that the defendant has been in custody since 2022 and should not be kept there indefinitely.
On Aug. 3, 2022, Gbenga was first arraigned on a two-count charge bordering on conspiracy and armed robbery.
According to the prosecution, he carried out the act in the company of others, now at large, on Feb. 26, 2022, at about 10:30 p.m. in Ojo-Ladipo Street, Ikotun area of Lagos.
The offences contravene Section 299 and 297 (2) (a) of the Criminal Laws of Lagos State, C. 17, Vol 3 Law of Lagos State, 2015.
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