Attempted Murder of Akunyili: Court Frees Suspects

Attempted Murder of Akunyili: Court Frees Suspects

19 Dec 2015

Dora Akunyili.
Akinwale Akintunde
A Federal Capital Territory (FCT) High Court has acquitted and discharged six persons accused of conspiracy and attempted murder of the late Director-General of National Agency for Food and Drug Administration and Control (NAFDAC), Dr. (Mrs.) Dora Akunyili.
Justice I.U Bello discharged the suspects on the ground that the prosecution failed to prove beyond reasonable doubt that accused persons actually committed the crime.
The suspects, who were initially eight in number are, Francis Okoye, Emmanuel Nnakwe, Marcel Nnakwe, Emeka Orjiakora, Christopher Mbah, and Olisaemeka Igbokwe.
They were arraigned on a four-count charge bordering on conspiracy, attempted murder and murder but they all pleaded not guilty to the charge. They all pleaded not guilty to the charge.
The accused also filed a no case submission. The 2nd and 3rd accused persons questioned the jurisdiction of the court to entertain counts 3 and 4 of the charge.
This no case submission was upheld by the FCT High Court and was affirmed by the Court of Appeal and the Supreme Court which however set aside the aspect of the ruling which declined jurisdiction to entertain counts 3 and 4 of the charge.
The 7th accused person had died sometime in 2005 while the 8th accused person was discharged by the Supreme Court.
But Justice Bello in his judgment of October 20, 2015 declared that, "On the charge of conspiracy for instance, the prosecution could not have been successful in the face of exhibit 18(n), a manifest from MTN tendered before the court by the prosecution itself and indeed exhibit 20 equally a similar manifest tendered by the defence, both intended to establish any possible transaction or controvert any such transaction as stated by PW3 between him and 2nd accused through phone conversation.
"It turned not to be falsehood, this rendering the PW3 as unreliable witness and he is so branded. And with that position, the prosecution has failed to discharge onus of proving the offence of conspiracy as charged. Accordingly, the accused persons are discharged and acquitted on that count", the judge held.
The judge also held that the prosecution was not able to pin the accused persons with the degree of certainty at the scene of the crime and obviously the commission of the crime at the scene.
According to Justice Bello, "Consequently, failure to investigate the alibi as raised by the accused persons and in particular 2nd accused, who had tendered exhibits D1-D7 representing his travel documents is fatal to the case of the prosecution's case.
"I believe the entire evidence upon which the prosecution relies upon to prove the charge against the accused persons have fallen short of the standard of circumstantial evidence envisaged in the case of Jegede (Supra) as invoked by the prosecution.
"It is therefore my considered judgment that the prosecution has failed to discharge the burden of proving beyond reasonable doubt, the allegations of crime as charged.
"Consequently, each and every one of the accused persons is hereby discharged and acquitted."