Okey Sampson, Aba
A Chief Magistrates’ Court in Eziama, in the Aba North magisterial District of Abia State, yesterday, discharged and acquitted seven community leaders after standing trial for eight years over land dispute.
The community leaders, Chief Hillary Onwuharanya and six others, all members of the executive committee of Umuanyi Development Association (UDA), Uturu in Isuikwuato Local Government, who were dragged to court in 2011 by the commissioner of police at the behest of Ikechukwu Eke and Richard Harrison on a 10-count charge which was later reduced to seven-count charges.
In the process of the case, one of them died and his name was struck out.
The community leaders were among others, charged with unlawful entry into a parcel of land at Umunayi, Uturu said to belong to Eke and forceful removal of the beacons of the said property, punishable under Section 81 and Section 516 A(a) of the Criminal Code.
When the presiding magistrate was transferred to Aba, counsels to both parties agreed that the case file be transferred to Aba to enable the magistrate to conclude and adjudicate on the matter.
Delivering judgment, Elekeson said: “In the final analysis, the prosecution failed woefully in proving any of the counts of the charge against the defendants and they are hereby discharged and acquitted.”
According to him, “it is not necessary to prove that the conspirators, like those who murdered Julius Ceaser, were seen together coming out of the same place at the same time and, indeed, the conspirators need not know each other.
“Hence, conspiracy is a matter of inference from certain criminal acts of the parties concerned, done in pursuance of an apparent criminal purpose in common between them and there is no such evidence as to the acts of omissions of any of the defendants in furtherance of any common design against any of them.
“Accordingly, the prosecution failed to prove the offence of wilful and unlawful damage of beacons as charged. “