Badagry Court Delivers Judgment 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 in 2013, bringing to an end a trial that lasted more than a decade.

The case was linked to events in the early hours of March 28, 2013, when gunshots reportedly rang out in the community, throwing residents into panic. During the incident, a villager, Tonase Wusu, was assaulted.

Five defendants — 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 charges against him.

At trial, the prosecution called three witnesses, including the complainant, and tendered 29 exhibits comprising photographs and medical records said to show injuries sustained by Wusu.

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

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

A police investigator corroborated Wusu’s testimony, stating that he took the complainant’s statement at the hospital and documented his injuries with photographs, which were admitted as evidence.

The defendants, however, denied the allegations. They claimed that officers of the now-defunct Special Anti-Robbery Squad (SARS) had entered 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 assisting the police when they were attacked by an angry mob and alleged that the complainant was among those causing unrest in the community.

In his judgment, Magistrate M.A. Etti identified major inconsistencies in the defence’s case, particularly the claim that the complainant was listed as a suspect in the Baale’s petition, a claim the court found unsupported 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. It, however, 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, Iroko Michael Oluwafemi Mautin.

The judgment concludes a case that lingered in court for over 10 years, stemming from a night of violence that left Farasinme Village in fear and confusion.