The judge attributed the dilemma of the defendant (Richard Macaulay Olumide) to the failure of the entire system.
By Onyewuchi Ojinnaka
Justice Peter Lifu of a Federal High Court sitting in Lagos has discharged and acquitted a middle aged man, Mr Richard Macaulay Olumide who was charged to court by the Attorney general of the Federation over alleged illegal possession and selling of petrol, otherwise known as Premium Motor Spirit (PMS).
The defendant was discharged and acquitted following the application for discontinuance of his trial by the prosecution due to the defendant’s deteriorating health.
The defendant, who suffered stroke as a result of trauma he got during his unwarranted trial, was helped to the court on the day he was acquitted. He could not walk normally, could not move his left arm and hardly talked even when he was asked to say something before the court.
According to reports, Richard Macaulay Olumide was unjustifiably arrested by the police in one of its raids and intimidated to admit that he was the owner of the kegs filled with PMS.
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Out of fear of being shot by the police, he involuntarily admitted ownership of the petroleum products and was subsequently detained and later charged to court where from the bitter treatment he suffered in the hands of police, pleaded guilty to the charge preferred against him.
He was a victim of police excesses, intimidation, unjustifiable arrest and unwarranted detention and charge to court.
It was further gathered that during his ordeal, his wife and children ran away for fear of being molested by the police.
The prosecution had commenced review of the case, tendered exhibits after the defendant had pleaded guilty but midway while conducting the case, the defendant developed very serious health problems arising from the trauma he had which affected his nervous system.
When the matter was called up, the prosecutor Mrs Okandeji Erite told the court that the matter was for further hearing but having looked at the health condition of the defendant, and with the AGF’s instruction, there was an application to withdraw the charge preferred against the defendant.
Having moved the application to withdraw the charge, the trial judge, Justice Lifu asked the prosecutor to address the court appropriately on what they want, having completed its case and tendered exhibits.
Prosecutor: In the application, we are asking the court to discharge and acquit the defendant, my lord.
Judge: Address the court on the evidence you have tendered, particularly the exhibits.
Prosecutor: My lord should discountenance the exhibits. The exhibits be forfeited to the Federal Government.
Judge: How do you forfeit the products?
Prosecutor : The product should be auctioned and the proceeds of the exhibit (PMS) be paid into the Federal Government Account, that is the Single Treasury Account.
Judge: Is the product (petrol) still intact?
Prosecutor: It is intact my lord.
In his bench judgement/ruling, Justice Lifu said that he has carefully and painstakingly looked at the case, the application to withdraw the charge and having looked at Sections108 and 355 of Administration of Criminal Justice Act, 2015, “I hereby order that charge No FHC/L/315c/2021 is hereby withdrawn and struck out.
“The defendant is hereby discharged and acquitted accordingly on the merit since the prosecution had closed its case before the withdrawal.
“The exhibits in this case , that is all the PMS contained in the kegs tendered are to be sold in a public auction and the proceed paid directly into the Single Treasury Account of the Federation.
“Evidence of the public auction and payment into the treasury shall be so filed in court with a verifying affidavit.,” the judge ruled.
After the order,, the judge adumbrated on the circumstances that led to the arrest, detention and prosecution of the defendant who was later found to be innocent of the offence preferred against him.
The judge attributed the dilemma of the defendant to the failure of our entire system.
The defendant’s predicament has destabilised his family and worsened by the stroke he developed. He had no money to eat nor buy drugs. He was left in a very serious health challenges and nobody was there to take care of him.
Before the defendant was led into the dock, a medical personnel from the court’s clinic was called to check his BP to ascertain his condition before the judgement to avoid more serious health crisis.
After his acquittal and the pathetic story about the defendant, lawyers and litigants in the court were moved with pity and they made donations for him to buy food and drugs.
One of the lawyers that floated an NGO promised before the court that his organisation will assist in the welfare and rehabilitation of the Richard Macaulay Olumide.
He was thereafter taken to the Federal High Court Clinic for more medical examination and counseling.
The unwarranted one count charge dated November 11, 2021 preferred against Richard Macaulay Olumide reads: “That you Richard Macaulay Olumide ‘m’ on the 10th day of October, 2021 at about 00.11 hrs, at Atlas Cove area of Lagos State, within the jurisdiction of the Federal High Court, Lagos Judicial Division did commit a felony with others at large to wit: deal in and by being in possession of petroleum product (PMS) of about 1250 liters, thereby committing an offence contrary to and punishable under Section 1(17) of the Miscellaneous Offences Act, Laws of the Federal Republic of Nigeria, 2004”.
The defendant pleaded guilty and was not represented by any counsel.