An Ikeja High Court on Thursday discharged and acquitted a security guard, Mustapha Muhammed, accused of murdering a labourer.
Justice Oyindamola Ogala in her judgment, held that the prosecution failed to prove murder charge against Muhammed, beyond reasonable doubt.
Ogala said the elements of self-defence was that the force used by the defendant must be proportionate to the force used or threatened to be used in the circumstance.
She said that in the instance of the case, the deceased and the defendant both received stab wounds and the defendant’s testimony was that he was held down by one Francis whilst the deceased beat and stabbed him.
According to her, the prosecution failed to offer any credible evidence on the proportionality of retaliatory action vis-a-vis the danger/and fear of the defendant.
The judge said that the court believed that from the facts presented before it, there was indeed a threat to the life of the defendant and the said threat was met with the necessary, reasonable, and commensurate retaliation by the deceased which unfortunately led to his death.
The court finds that the plea of self defence will avail the defendant as the prosecution failed to prove its case against the defendant.
“Upon the evidence adduced before this court, I hereby declare the defendant not guilty of the one count charge of murder and he is hereby released from prison custody,” Ogala said.
Muhammed had been arraigned on a count charge of murder, contrary to the Criminal Code Laws of Lagos State, 2015.
According to the charge information, Muhammed was accused of committing the crime on October. 14, 2021 on Rasaq Tayo Street, Ikorodu Lagos.
He was alleged to have armed himself with a kitchen knife and unlawfully killed the deceased. (NAN)
