Rasheed Olanrewaju, age 26, was charged with trying to rob a market woman with a toy gun. On Tuesday, an Ikeja Special Offences Court released and acquitted him.
The presiding judge, Justice Sherifat Solebo cleared Olanrewaju of the attempted robbery charge that the state government had brought against him.
According to Solebo, it was clear that the prosecution witness (PW1), a Special Anti-Robbery Squad (SARS) officer, had seen the defendant being beaten by the mob.
“As a police officer, he collected the toy gun found on him and reported it to the police station, where it was registered as an exhibit.
“The witness told the court that he could not lay hands on the exhibit due to the disbandment of SARS.
“The evidence of PW2 amounted to hearsay from the PW1. They were not at the crime scene, (the shop of the complainant). The toy gun was not tendered. Moreover, the evidence of PW1 is partially hearsay.
“The court is bound to resolve the issue in favour of the defence where there is evidence of doubt.
“In view of the circumstances of doubt, the defendant is hereby discharged and acquitted,” Solebo said.
Olanrewaju is suspected of attempting to rob a shop owner with two plastic toy pistols sometime in January 2019 in Lagos’ Ipodo market.
The defendant, an Idimu resident in Lagos, was accused of attempted robbery and illicit possession of toy firearms.
