OKpanam Magistrate Court in Oshimili North Local Government Area, Delta State, has discharged and acquitted one Ebigwei Ifechukwude and Augustine Nwaedozie who were arraigned before the Court on a four-count charge bordering on malicious damages, willful and unlawful destruction, conspiracy to commit a misdemeanor and entry likely to cause a breach of peace, all contrary to Section 517, 451,517 and 81 of the Criminal Code, Cap C21 Vol. 1 Laws of Delta State of Nigeria, 2006.
Based on charge No. OKM/21C/2016, and upon arraignment on February 10,2016, the two accused persons pleaded not guilty and were admitted to ball while trial commenced on the 26th day of February, 2016 with the prosecution fielding its first witness, the nominal complainant, Doris Anyanwu, who was cross-examined on the same day.
In order to prove its case, the prosecution also tendered nine (9) exhibits and the Defense opted to make a no case submission when called upon to open its Defense which submission was made on the 31st day of August, 2016.
After diligently, according to law, going through the submissions by the prosecution witnesses and the No-case submission made by the counsel to the two accused persons (Barrister Anthony Sawyer), the Magistrate C.E. Osuma, Magistrate Grade I, on the 14/11/2016 gave the ruling to wit among others:”
On the whole, I hold that none of the essential elements of the offences in the charge as contained in counts one to four have been established in order to call on the accused persons to enter their defense.