UBULU-UKU/Nigeria: A Magistrate Court sitting at the Ubulu-Uku Magisterial District of Delta State has discharged Christian Ojeogwu and Paul Osamor of alleged conspiracy and assault.
The two defendants were arraigned before Obonodo Shedrack. Esq., a Senior Magistrate, of the offence of conspiracy and assault of one Mr Francis Ojeogwu on the 8th of November, 2015.
The prosecution witness stated that the offence, punishable under section 18(2) of the Criminal Code Cap C21 Vol. I Laws of the Delta State of Nigeria, 2016, took place at Ogbe-ego Quarters, Ubulu-Uku in Aniocha South Local Government Area.
In his judgment, the presiding Senior Magistrate stated that after a careful consideration of the evidence adduced by the persecution, the ingredients of conspiracy and assault were not proved, saying: “In the instance case whether there was the meeting of minds of DW1 and DW2 before they responded to the alleged distress call made by DW3 is doubtful and this doubt must be resolved in favour of the accused persons.’
On the second allegation of assault, his worship equally held that the act of dislodging the hands of Pw1 from the neck of Dw3 does not amount to assault.
The court, which frowned at the strained relationship between Pw1 and his uncle, discharged the defendants, stressing that the prosecution had not been able to prove the offence of conspiracy, assault and malicious damage and stealing against the defendants.
