From Priscilla Ediare, Ado Ekiti
An Ekiti State High court sitting in Ado Ekiti has dismissed, discharged and acquitted one Aluko Gbenga, 33, of the alleged offence of membership of a secret cult, unlawful possession of firearms and murder.
Aluko, according to the charge, was arraigned on three count charges of membership of secret cult, unlawful possession of firearms and murder.
The charge reads, that Gbenga Aluko, 29, on the 13th day of February 2018 at Ado Ekiti found to be a member of a secret cult i.e Eiye confraternity and also on 13th June 2018 was found in his possession a gun as well, on the same day murdered one William Ayegboro in Ado Ekiti.
The offences run contrary to section 4(1) of the Secret Cults (Abolition and prohibition) (first amendment) Law No. 6, 2017 of Ekiti State, Section 3 of the Robbery and Firearms (Special Provisions) Act Cap. R11, Vol.14, Laws of the Federation of Nigeria, 2004 and Section 316 of the Criminal Code Cap. C16, Laws of Ekiti State, 2012.
One of the eyewitnesses, who made a statement to the police said, he and Late William Adegboro were discussing at a Beer Palour in Atikankan Area of Ado Ekiti, around 8:00 pm, suddenly somebody emerged from nowhere but he could not see his face clearly, he pointed the gun at the deceased and shot him in the face and left, the deceased was rushed to the hospital where he later died.
To prove his case, the prosecutor Barr Felix Awoniyi called three witnesses and tendered the defendant’s statement, bond to produce and release a mobile phone and warrant to bury the dead among others as exhibits.
In his evidence before the court, Gbenga Aluko said, he was formerly a secret cult member but had renounced his membership for a long time before relocating to Ado Ekiti adding that he was in Akure when he heard about the demise of the deceased, he denied knowing anything about his death.
In his judgment, Justice Adekunle Adeleye said, the evidence led by the defendant that he was in Akure on that fateful day was not challenged by the prosecution under cross-examination.
Consequently, the prosecution could not prove beyond a reasonable doubt, the presence of Aluko Gbenga at the scene of the killing of William Ayegboro on the 13th day of June 2018 in Ado Ekiti.
‘On the whole, count one of the charges (Membership of Secret Cult) is hereby dismissed, while the defendant is discharged and acquitted on count two and three (unlawful possession of firearms and murder) of the charges, for failure on the part of the prosecution to establish the ingredients of the offences alleged the defendant beyond a reasonable doubt,’ he concluded.