The Lagos State Government has cleared students and employees of Dowen College of complicity in the death of Sylvester Oromoni Jr, a 12-year-old student of the school, who was allegedly murdered by school bullies.
This was contained in a legal advice issued on Tuesday and signed by the Director of Public Prosecution, Adetutu Osinusi.
According to Osinusi, police investigation and the two autopsies conducted on the body of the deceased failed to establish a prima facie case against the suspects — five students and five staff of the college, Leadership reports.
The Legal Advice addressed to the Deputy Commissioner of Police in charge of State Criminal Investigation Department and Chief Magistrate Olatunbosun Adeola, stated that the interim and final autopsy reports issued by the Lagos State University Teaching Hospital and toxicology report of post-mortem samples established the cause of death as Septicaemia, Lobar Pneumonia with Acute Pyelonephritis, Pyomyositis of the right ankle and Acute Bacteria Pneumonia due to severe Sepsis.
The state government, therefore, concluded that based on the findings, there was no prima facie case of murder, involuntary manslaughter and or malicious administering of poison with intent to harm against the suspects including Favour Benjamin (16), Micheal Kashamu (15), Edward Begue (16), Ansel Temile (14) and Kenneth Inyang (15).
The report further stated that, “The outcome of both post-mortem examinations conducted were in agreement as to the cause of death namely: Septicaemia, Lobar Pneumonia with Acute Pyelonephritis, Pyomyositis of the right ankle and Acute Bacteria Pneumonia due to severe Sepsis. The result of the toxicology is also not indicative of any toxic or poisonous substance in the body of the deceased.
“It is trite law that for the prosecution to successfully prove the offence of murder, the following must be established:
“That the accused caused the death of the deceased. That the act or omission of the accused caused the death and that the act or omission of the accused was intentional with the knowledge that the death or grievous bodily harm was its probable consequence. See Edoho vs. The State (2010) 14 NWLR (Pt. 214) 651. SC and Paul vs State (2019) LPELR-47366 (SC).
“In the same vein, the prosecution must prove the following ingredients to establish the offence of involuntary manslaughter:
“That the death of the deceased was by the involuntary but negligent act of the accused and that there is absence of intent to cause such death or grievous bodily harm due to the circumstance of the act. See the case of Ajisogun vs. State (1998) 13 NWLR (Pt. 581) 238 @2583, Olabode vs. State (2008) WRN (Vol.2) 167 at 177, P. 194.”
The DPP concluded that the facts as contained in the duplicate case file sent to its by the police failed to established any of the ingredients for the offences.
Meanwhile, the state cleared the minors of belonging to unlawful society due to insufficient facts to establish the offence.
Its stated that, “From available facts in the duplicate case file, the investigation carried out by the police did not reveal that any secret society name, tattoo or insignia of any unlawful society was found in the possession of any of the suspects during the investigation carried out by the police.
“To hold otherwise would amount to sniffing for an offence and a speculative act which is not permitted in law. It is trite law that suspicion no matter how grave cannot be a ground for conviction.”
The state also cleared the school and five of its employees: Celina Uduak, Valentine Igboekweze, Hammed Ayomo Bariyu, Adesanya Olusesan Olusegun and one Adeyemi of the offence of negligent act causing harm contrary to section 252 of the Criminal Law Ch. C17, Vol.3, Laws of Lagos State 2015.
The state government, therefore, directed that all the suspects should be released if they are still in custody.
Credit: SaharaReporters