Justice Mohammed Idris of a Federal High Court, Lagos, yesterday discharged and acquitted Emirates Airlines and 10 others of complicity in an alleged missing of four bags containing $1.630 million belonging to a businessman, Prince Chu Ikem Orji.
Joined alongside the Airline in an 11-count criminal charge were Pathfinder International Limited; Nigerian Aviation Handling Company Plc; Abayomi Adekanbi Abiola; Isiaka Adegoke Adedeji; Awonubi Abayomi and Jennifer Eze.
Others were Obinna Onyeukwu Onyenso; Mohammed Yousouf; George Ikpekhia and Haffeez Azeem.
In a judgement, Justice Idris held that the prosecution had failed to prove its case against the defendants beyond reasonable doubts.
He said: “The only issue for determination is whether or not the prosecution has proved its case against the accused persons beyond reasonable doubts. The burden of proof is on the prosecution because the defendants are presumed innocent until the contrary is proved.
“The prosecution cannot go below the level of prove beyond reasonable doubt to achieve conviction of the accused persons. It is only when an accused person has admitted guilt that the burden of proof on the prosecution may be lighter. The reasonable doubt should be real, not imaginative and sentimental.”
The court noted with dismay that the petition written by Prince Orji to lodge complaints about the missing money was contained in a letter-head of a legal practitioner without the lawyer’s name and signature.
“I found out that exhibit A1 (petition) on a letter-head was carrying no signature and name of the legal practitioner. No evidential value will be attached to the unsigned documents,” the judge said.
Justice Idris also described the conspiracy offence slammed on the defendants as a fairy tale, saying that there was no evidence suggesting such collusion. The court said the totality of the evidence of the prosecution does not support the offence of conspiracy.
“There was no evidence on record to show that any of the defendants colluded with the claimant to steal the missing money. There was no evidence that the missing money was placed in the care of any of the defendants,” the judge further held.
The court also dismissed the offence of stealing on the basis that there was no evidence that the defendants had stolen anything.
The court further held that there was no evidence that any of the defendants was in Dubai at any time in order to have nexus with the missing bags.
The court also noted that there was no evidence to show that the defendants were at the Airport on the day of the incident.
In clearing the defendants of any complicity, Justice Idris said: “In my view, taking a hard look at this case, I hold that the prosecution has failed to prove any of the counts against each of the defendants. I therefore sustain a verdict of not guilty as charged and the defendants were all discharged and acquitted.”
The defendants were accused of conspiring and stealing four bags with tag numbers; EK 428682, EK 423683, EK 650162 and EK 650161, one of which contained $1.630 million on December 19, 2007 at the Murtala Mohammed International Airport, Lagos.
At trial, the prosecution called three witnesses, among who was the owner of the alleged missing bag, Prince Chu Ikem Orji, while also tendering several documents to prove its case against the defendants.
Following the conclusion of the prosecution’s case, the defendants opted for a no-case submission. This was however dismissed by the court and the defendants consequently put up their defence to prove their innocence.
