Supreme Court of Nigeria
An Enugu High Court on Tuesday discharged one Emeka Arum after he spent eight years in prison custody.
The presiding judge, Justice Eno Oluedo, discharged Arum for inconclusive evidence by the prosecution.
Oluedo said that evidence by the witness must be `prima facie’ and as such the court could not act on evidence of a witness not cross-examined in court and abandoned.
She said that the fact that the main witness, as adduced by the prosecution counsel, became disabled and could not remember his name stood as inconclusive evidence before the court.
The judge said that the accused person had no case to answer if there was no evidence against him.
“Evidence must be sufficient, and contain essential elements and must be a ground to precede with the case as prima facie evidence.
“The witness could not conclude his evidence in which the prosecution counsel relied upon, meaning that there is no ground to continue with the case,” she said.
Oluedo held that abandoned evidence by the witness had no testimonial value since the court found it difficult to determine if the accused person was a robber, caught with arms or involved in the said robbery.
The judge discharged the accused person of all the armed robbery and criminal cases brought against him.