A security guard, Abubakar Zibo, who has been in prison custody for 13 years was yesterday discharged and acquitted by a Lagos High Court, which found him not guilty of the murder of his friend, Charles.
While delivering his judgment, Justice Kayode Ogunmekan held that the prosecution failed to prove beyond reasonable doubt the allegation of conspiracy and murder levelled against him as required by Section 1 of the Evidence Act, 2011.
The case, which was commenced by the Lagos State Coordinator, Legal Aid Council, Mrs L.Y. Salau, was later handed over to Mrs. Grace Adenubi.
The judge held that it was trite law that the burden of proof in a criminal case was on the prosecution, adding that where the prosecution failed to prove its case beyond reasonable doubt, the defendant must be discharged and acquitted.
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