An FCT High Court sitting in Apo on Wednesday discharged and acquitted a 43-year-old driver, Joshua Lawal, charged with culpable homicide.
The Judge, Justice Peter Kekemeke, in his judgment, held that Lawal was not guilty of the offence preferred by the Attorney General of the Federation.
According to him, the prosecutor has not proved his case beyond reasonable doubt as required by law.
“I have considered the plea of the defendant and considered the action was not intended.
“Although, the punishment for this offence is death, there is no substantial evidence against the defendant.”
He further held that the case was not proved beyond reasonable doubt because there was no eyewitness testimony and death certificate.
The court held that the investigating police officer’s testimony was not sufficient to sustain the conviction of the accused person.
The Prosecutor, Mr Michael Obilor, had informed the court that the defendant committed the offence on Feb. 11, 2015 at Kurudu Village, Asokoro Extension FCT, Abuja.
He said that the defendant hit one Sunday Itor with a plank on the head which caused his death.
The prosecutor said that the offence contravened Section 221 of the Penal Code.
The Defence Counsel, Adekunbi Awopetu, had told the court that her client acted in self defence and not with the aim of causing death.
The defendant, a 43 -year-old man in tears on his kneels, expressed gratitude to God for granting him freedom.