Man Jailed 3 Months For Attacking Victim With Cutlass
A High Court sitting in Ado Ekiti yesterday sentenced one Olowolagba Oluwanisola to three months imprisonment, for hitting one Mr. Jacob Adewole with a cutlass over a dispute over a farmland in Efon Alaaye.
Delivering his judgment, Justice Dele Omotoso set aside the judgment of an Efon Alaaye Chief Magistrate’s Court which had earlier discharged and acquitted Olowolagba on three-count charges of assault, stealing and willful destruction of property.
Omotoso, however, held that the accused person was guilty of assault carried out on Adelowo hence he should be imprisoned or pay a fine of N10,000.
The judge ruled, “I have found the respondent guilty of the offence of assault which I held was intentional and unlawful. It would be mischievous to find the respondent guilty of the alleged offence of willful destruction.
“Even though the torn clothes of PW2 (Adelowo) were tendered in evidence by the prosecution, the evidence on record revealed that the alleged offence of willful destruction was an offspring of the offence of assault. I partially resolve Issue Number two in favour of the appellant.
“Consequently, the appeal is allowed. The decision of the learned Chief Magistrate to discharge the respondent, finding him not guilty of the offence of assault is hereby set aside by this Honourable Court.
“I found the respondent guilty for the offence of assault. I accordingly convict him of the said offence and sentence him to three months’ imprisonment with an option of fine in the sum of N10, 000.
The Police had in the appeal, formulated two issues before the High Court for the determination while the respondent also formulated two issues for determination.
Head of Legal Department of the State Police Command, Mr. Femi Falade appeared for the appellant while Mr. Stanley Okonkwo appeared for the respondent.
Prosecution Witness 1 (PW 1), Michael Alafere, in his examination in chief testified that the accused with a cutlass in his hand and two other persons, stormed the farm which prompted Adelowo to call the police.
He said the accused person attacked Adelowo with the cutlass and the cutlass was retrieved from him but he continued beating his victim and almost strangled him.
Alafere also told the court that Adelowo was taken to Efon Alaaye General Hospital where he received medical treatment with four receipts of medical treatment, hospital card, photographs showing the wounds on his body and the torn clothes admitted and marked as exhibits in the case.
The cutlass allegedly used by the accused person and the medical report were tendered by the Police and admitted as exhibits.
