Apo 6: Defendants demand freedom

By Vivian Okejeme
Abuja

Six police officers accused of killing six Igbo traders in Abuja in 2005 have asked the Federal Capital Territory High Court in Abuja where they are being prosecuted to discharge and acquit them of any wrongdoing in the incident.
The defendants namely Danjuma Ibrahim, Othman Abdulsalam (at large), Nicholas Zakari, Emmanuel Baba, Ezekiel Acheneje and Sadiq Salami were arraigned before the trial judge, Justice Ishaq Bello on a nine-count charge of conspiracy and culpable homicide punishable with death contrary to Sections 97 and 221 (a) of the Penal Code.
In the charge marked: FCT/HC/CR/79/05, the prosecution team led by Chief Chris Uche (SAN), called thirteen witnesses and tendered 42 exhibits to prove its case against the defendants.

However, the defence team led by Messrs. Richey Tarfa (SAN) and Anthony Agbonlahor in their final addresses dated November 1, 2017, pleaded with the court to set their clients free as “none of prosecution witnesses stated that the 1st defendant (Danjuma Ibrahim) conspired with the other defendants to commit felony by agreeing to kill Ifeanyi Ozo, Chinedu Meniru, Isaac Ekene and Paul Ogbonna.
“The contradictions in the prosecution witnesses evidence, the failure to call vital witness, which is a forensic expert on finger prints, to analyse whether the fingerprints of the 1st defendant were on the AK 47 rifle of the 1st prosecution witness, have created a doubt in the evidence of the prosecution.

“It is trite law that where there is doubt in the case of the prosecution, the doubt should be resolved in favour of the defendant.
“We submit that if there are no fingerprints of the 1st defendant on the PW1’s AK 47 rifle and no evidence proffered by the prosecution to sustain the charge against the 1st defendant, the court must acquit.
“We there urge your Lordship to discharge and acquit the 1st defendant,” Tarfa prayed.
On his part, the 4the defendant (Emmanuel Baba) through his counsel, Anthony Agbonlahor, submitted to Justice Bello that there was nowhere in the evidence of the PW1 to PW13 where they testified that the 4th defendant was seen conspiring with or agreeing with any of the co-defendants to kill Anthony Nwokike and Tina Arebun.

“PW12 admitted too that he had never seen the arms movement register since 8/6/05 till date. In addition, the PW12 also stated that he was not in the position to say that any of the accused persons were ever issued with arms on the day of the incident. Finally, that he was surprised that neither the casings nor the expended shells were sent to the Ballistician along with the guns.

And that he was not aware whether any bullet was recovered from the bodies of the deceased victims,” the lawyer said.
Judgment in the matter is now scheduled for March 9, 2017.

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