A Lagos State High Court sitting in Ikeja has acquitted and discharged a police inspector, Kabiru Odejimi, who was standing trial for the alleged manslaughter of Idris Bakare, a man who died from a gunshot wound sustained during a police patrol operation in May 2023.
Delivering judgment on Monday, Justice Modupe Nicol-Clay held that the prosecution failed to establish beyond reasonable doubt that the defendant unlawfully caused the death of the deceased. Odejimi had been charged with one count of manslaughter under Section 224 of the Criminal Law of Lagos State, 2015.
According to the prosecution, the incident occurred on May 29, 2023, at about 1:10 a.m. near Oluyole Bus Stop on Oregun Road, Lagos, where the inspector allegedly shot and killed Bakare with an AK-47 rifle during a police operation. The defendant, however, pleaded not guilty to the charge.
During the trial, the prosecution called three witnesses in support of its case. One of the witnesses, Olukosi Abiodun, testified that although he knew both the deceased and the defendant, he only arrived at the scene after hearing gunshots. He claimed that the injured Bakare allegedly said, “Kabiru, you shot me.” Under cross-examination, however, the witness admitted that he did not see who fired the shot and never observed the defendant aiming a weapon at the deceased.
Another prosecution witness, Sergeant Adewale Abiodun, told the court that the defendant had reported firing a warning shot into the air after a police patrol team came under attack from youths allegedly throwing stones. The station armourer, Inspector Akingbote Ayodele, also testified that Odejimi was issued 30 rounds of ammunition before embarking on patrol and returned with 29 rounds.
In his defence, Odejimi denied intentionally shooting the deceased. He told the court that while responding to a disturbance involving suspected cultists, he was attacked by three men who attempted to seize his rifle. According to him, the struggle caused the firearm to discharge accidentally after he was struck on the shoulder with a stick.
In her judgment, Justice Nicol-Clay noted that none of the prosecution witnesses actually witnessed the shooting, making the case entirely dependent on circumstantial evidence. The court further observed that no forensic or ballistic evidence was presented to connect the defendant’s rifle to the fatal gunshot.
The judge also criticised the quality of the investigation, noting that the investigating officer admitted that no comprehensive investigation was conducted after the incident. She held that the defendant’s account raised the defence of accident and that the prosecution failed to rule out other plausible explanations consistent with his innocence.
Consequently, the court found that the prosecution failed to establish a direct link between the actions of the defendant and the death of Bakare. Resolving the doubt in favour of the accused, Justice Nicol-Clay discharged and acquitted Inspector Odejimi of the manslaughter charge.