The Supreme Court has discharged and acquitted an armed robber, Godwin Awin, on the grounds that the police prosecution failed to prove beyond reasonable doubt that he participated in the robbery operation.
In a unanimous judgment of the five-man panel delivered by Justice Musa Dattijo Muhammad, the apex court dismissed the ruling of an Ogun State High Court which sentenced Awin to death by hanging.
Justice Muhammad also dismissed the judgment of the Court of Appeal in Ibadan, Oyo State which affirmed the conviction of Awin but reduced the death sentence to life imprisonment.
The apex court held that it was not enough for the police to prove that there was armed robbery, but that they must establish beyond reasonable doubt that Awin participated in it.
The apex court said, “In the instant case, the police cannot be said to have proved Awin’s participation in the robbery beyond reasonable doubt.’’
A gang of armed robbers had on February 1, 1999 stormed a woman’s shop in Abeokuta, pointed a gun at her and ordering her to bring out all the money with her in the shop which she did. Thereafter, they ordered her to lead them to her room upstairs where they took away more money and her jewelries.
But as the operation was going on, a neighbour raised the alarm, which forced the robbers to take to their heels.