Babatunji Wusu –
Edozie Njoku, the National Chairman of the All Progressives Grand Alliance (APGA), has won his case at the Federal Capital Territory’s High Court in Bwari. Justice Mohammed Madugu dismissed all charges of forgery brought against him by the Nigeria Police.
Chukwuemeka Nwoga, the leader of the APGA Youth, and Njoku were charged by the police with plotting to change a Supreme Court ruling that was initially handed down by retired Justice Mary Peter Odili.
Tuesday’s ruling by Justice Madugu effectively absolved Njoku of all accusations after rejecting each of the 14 allegations that were presented against him.
The prosecution has terribly failed to prove its case against the accused, the court said, because there is “lack of sufficient and credible evidence.”
“I have found Chief Edozie Njoku, the first defendant, and Chukwuma Nwoga, the second defendant, not guilty as charged. As a result, they have been discharged and found not guilty.”
Because the police had miserably failed to meet the burden of proof that was legally exclusively placed on them, the defense attorneys had urged the court to release and acquit the accused.
In order to decide whether the prosecution had proven its case against the defendants beyond a reasonable doubt, the court accepted the question put forth by the defense attorneys.
The prosecution is required by section 138 of the Evidence Act to establish its case beyond a reasonable doubt, the court observed.
“It is crystal clear that internal disputes in APGA had played a significant role in causing the complexity of the case,” Justice Madugu said in his ruling.
The court stated on the first count that as it was an accusation of criminal conspiracy, the prosecution had to provide circumstantial evidence to support its case.
The prosecution witness, the court said, did not present any evidence that would have connected the defendants to a plan or conspiracy to perpetrate the accused offense.
“In light of the letter Njoku wrote to Justice Mary Peter Odilli, retired, the prosecution did not establish any dishonest intent in accordance with section 178 of the penal code.”