Abeokuta—An Abeokuta Chief Magistrate’s Court yesterday discharged and acquitted the immediate past manager of the MKO Abiola Stadium, Mr. Ayo Olusanya, charged with theft and conspiracy.
The former manager was arraigned in June 2010 on the two-count charge.
The police prosecutor, Inspector Augustine Ozimini, had told the court that the accused took away property which belonged to the stadium.
In the Police First Information Report, Olusanya allegedly conspired with one Tunde Joseph to steal two air conditioners and a fan belonging to the stadium.
The prosecutor argued that the offence was contrary to and punishable under Section 390 (9) of the Criminal Code of Ogun, 2006.
However, Mr. Ogunbada Adegbenro, the counsel to both Olusanya and Joseph, countered the allegations, arguing that his clients were innocent.
Citing relevant sections of the 1999 Constitution, he tendered three exhibits that were admitted in evidence by the court to further prove their innocence.
Delivering his judgment, Chief Magistrate Peters Kolawole said that he had no problem in determining whether the accused persons were guilty or not.
He said that the prosecutor relied so much on hear-say in proving his case, adding that “the court is not convinced that the accused persons committed the said offences.
“The burden of proof obviously lies with the prosecution and with the evidences before the court, I have no doubt that the accused persons are innocent of the charges.
“They are hereby discharged and acquitted accordingly.”
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