BY LINUS CHIBUIKE
A Federal High Court, sitting in Abuja, has discharged and acquitted Sikiru Adeleke, a relative of Ademola Adeleke, former Governorship Candidate of the Peoples Democratic Party in Osun State, of the examination malpractice charge against him.
In a ruling delivered by Justice Inyang Ekwo, the court terminated further hearing on the case involving Adeleke and three other defendants, listed as Alhaji Aregbesola Mufutau (the Principal of Ojo-Aro Community Grammar School, Ojo-Aro, Osun State); Gbadamosi Thomas Ojo (Registrar of the school) and Dare Samuel Olutope (a teacher in the school).
Upholding a ‘no case’ submission filed by the defendants, Justice Ekwo discharged and acquitted them of the seven-count charge filed against them by the Nigerian Police Force.
The court held that the NPF failed to establish a prima facie case that could compel the defendants to enter their defence to the charge.
Justice Ekwo said the Prosecution failed to discharge the burden of proof that was placed on it by the law, noting that relevant witnesses were also not produced before the court to testify in the matter.
He said, though the Police entered a charge of conspiracy against the defendants, evidence of the five witnesses were “so discredited during cross-examination and so manifestly unreliable.”
Ekwo said, “No witness was called from the National Examination Council (NECO) to testify throughout the trial. To worsen the situation, no eye witness was called from the school where the alleged malpractices was perpetrated.
“In all, evidence of the five witnesses were so discredited during cross-examination and so manifestly unreliable to warrant the Defendants to be called upon to enter their defence in the charges against them.
“In conclusion, since the testimony of the Prosecution is insufficient to warrant the Defendants to open defence, I have no difficulty in upholding their no-case submission and discharge and acquit them from the charges. The suit is hereby dismissed.”
