Badagry Court Delivers Verdict in 2013 Farasinme Village Assault case

 

A Magistrates’ Court sitting in Badagry, Lagos State, has delivered judgment in a criminal case arising from a violent incident that occurred in Farasinme Village more than a decade ago.

The case stemmed from events in the early hours of March 28, 2013, when residents of the community were thrown into panic after gunshots were reportedly heard. During the incident, a villager, Tonase Wusu, was said to have been assaulted.

Five men — Sodiq Awesu, Ramonu Agemo, Hunton Sikiru, Wusu Benjamin and Kumayon Thechilus — were arraigned on a two-count charge of conspiracy and assault occasioning harm, contrary to Sections 409 and 243 of the Criminal Law of Lagos State, 2011. All pleaded not guilty. A sixth defendant, Pastor Alex Akogbeto, was earlier discharged after the prosecution withdrew the charges against him.

At the trial, the prosecution called three witnesses, including the complainant, and tendered 29 exhibits such as photographs and medical records allegedly showing injuries sustained by Wusu.

Testifying before the court, Wusu told the magistrate that he was woken around 1:30 a.m. by gunshots and stepped outside his house to investigate. He said he was confronted by the defendants, some of whom were armed with cutlasses and sticks. According to his testimony, Sodiq Awesu attacked him with a cutlass, inflicting serious injuries to his hand and back.

Wusu said he was initially taken to a nearby police post, later moved to Seme Police Station, and eventually treated at the Badagry General Hospital.

A police investigator who testified for the prosecution corroborated Wusu’s account, stating that he obtained the complainant’s statement at the hospital and documented his injuries with photographs, which were admitted as evidence.

The defendants denied the allegations, claiming that officers of the now-defunct Special Anti-Robbery Squad (SARS) had stormed the village that night to arrest suspected criminals following a petition written by the Baale of Farasinme Village on March 8, 2013. They said they were only assisting the police and were attacked by an angry mob. They also alleged that the complainant was among those causing unrest in the community.

In his judgment, Magistrate M.A. Etti noted major inconsistencies in the defence’s case, particularly the claim that the complainant was listed as a suspect in the Baale’s petition, which the court found was not supported by the document tendered.

The magistrate held that there was an attempt by some of the defendants, with the involvement of the Baale, to portray the complainant as a criminal. However, the court ruled that mere presence at the scene was insufficient to establish the offence of conspiracy against all the accused.

The court found that Wusu sustained injuries during the incident and held that Sodiq Awesu was responsible for the assault. However, it ruled that the prosecution failed to prove the charge of conspiracy beyond reasonable doubt.

The magistrate also noted evidence that the Baale contacted SARS officers after the incident and was advised to take the injured victim to the hospital. Photographs of the injuries were taken by a defence witness, DW7, Iroko Michael Oluwafemi Mautin.

The judgment brings to an end a case that had remained in court for over 10 years, arising from a night of violence that left Farasinme Village in fear and confusion.