Justice Ijeoma Ojukwu of the Federal High Court Abuja on Thursday discharged and acquitted one Saidu Usman, charged with illegal possession of a firearm.
Ojukwu in her judgment delivered via a virtual court sitting, said that the police did not adduce any evidence to corroborate that the defendant had a fireman in his possession at the time of arrest.
The judge said the prosecution witness, Mr Yusuf Umar, had told the court during cross examination that there was no forensic evidence to show that Usman had handled the AK49 rifle the police tendered as exhibit.
She held that the evidence of the prosecution witness was at variance with the one-count charge of possession of firearm.
The judge held that the evidence of the defendant was unchallenged in addition to the fact that there was no forensic evidence.
According to Ojukwu, it is settled law that in order to secure a conviction in any charge, the prosecution must prove its case beyond reasonable doubt.
She said that the prosecution had, however, failed to prove that the defendant was in possession of the AK49 rifle when he was arrested.
“The law says that he must be in possession of the firearm for it to be an offence, intent to use it is not required.
“A police officer making an arrest shall make a statement and take an inventory of all items recovered.
“The prosecution did not provide an inventory of items required or a report of what happened during the arrest.
“There was an attempt to provide a photograph which was denied as there was no basis established for the photograph as it did not resemble the defendant,” the judge said.
She held that the prosecution had failed to prove the charge of illegal possession of firearm against the defendant beyond reasonable doubt.
“I hereby enter a verdict of not guilty for the defendant and he is therefore discharged and acquitted,” the judge stated.
Earlier, Usman in his defence told the court that he was a farmer and a cattle rearer and that he used sticks and cutlass to protect his cattle and not a riffle.
The News Agency of Nigeria (NAN) reports that Usman, who was charged with one count of possession of illegal firearm was arrested at Orozo, Abuja, on July 2019, following a tip-off. (NAN)
