Tobias Sylvester
Lagos State Government has cleared the five Dowen College students and five employees of the school of any complicity in the death of 12-year-old Sylvester Oromoni Junior.
KanyiDaily recalls that the students and staff were charged with the alleged murder of Sylvester Oromoni, who was allegedly bullied in Dowen College for refusing to join a cult.
The state government, in a legal advice issued and signed by the director of public prosecution (DPP), Ms Adetutu Osinusi. stated that police investigation and the two autopsies conducted on the body of the deceased failed to establish any prima facie case.
The legal advice, dated January 4, 2021, was addressed to the deputy commissioner of police in charge of State Criminal Investigation Department (SCID) and Chief Magistrate Olatunbosun Adeola
According to the report, the interim and final autopsy reports issued by the Lagos State University Teaching Hospital and toxicology report of post-mortem samples revealed 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 therefore concluded that based on these findings there is no prima facie case of murder, involuntary manslaughter and or malicious administering of poison with intent to harm against the suspects, Favour Benjamin (16), Michael Kashamu (15), Edward Begue (16), Ansel Temile (14) and Kenneth Inyang (15).
The report further stated, “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.
“Allegations of murder, involuntary manslaughter and maliciously administering poison with Intent to harm. 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 statement concluded that the facts as contained in the duplicate case file sent to it by the police failed to establish any of the ingredients for the offences.
It stated that, “From available facts in the duplicate casefile, 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 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, therefore, directed that all the suspects should be released if they are still in custody.
This comes a few weeks after Sylvester Oromoni’s family kicked against the N1million bail granted to their boy’s murder suspects by a Magistrate’s court in Yaba, Lagos.
