Lagos High Court Acquits Police Inspector in Manslaughter Case Over 2023 Shooting
A Lagos State High Court sitting in Ikeja has discharged and acquitted a police inspector, Kabiru Odejimi, who was standing trial over the alleged manslaughter of a man identified as Idris Bakare, who died after sustaining a gunshot wound during a police patrol operation in May 2023.
Delivering judgment on Monday, Justice Modupe Nicol-Clay held that the prosecution failed to prove beyond reasonable doubt that the defendant unlawfully caused the death of the deceased. The inspector had been arraigned on a one-count charge of manslaughter contrary to Section 224 of the Criminal Law of Lagos State, 2015.
The prosecution alleged that on May 29, 2023, at about 1:10 a.m. at Oluyole Bus Stop on Oregun Road in Lagos, Inspector Odejimi unlawfully killed Bakare by shooting him with an AK-47 rifle during a police operation. He pleaded not guilty to the charge.
During the trial, the prosecution called three witnesses. One witness, Olukosi Abiodun, told the court he knew both the deceased and the defendant and said that after hearing gunshots, he met Bakare injured, with the victim allegedly saying, “Kabiru, you shot me.” However, under cross-examination, the witness admitted he did not see who fired the shot and did not observe the defendant pointing a gun at the deceased.
Another witness, Sergeant Adewale Abiodun, said the defendant reported firing a warning shot into the air after being confronted by youths who were allegedly throwing stones at a police patrol team. The station armourer, Inspector Akingbote Ayodele, also testified that Odejimi was issued 30 rounds of ammunition before patrol and returned with 29.
In his defence, the inspector denied shooting the deceased, stating that he was attacked while responding to a fight involving suspected cultists. He told the court that three men attempted to seize his rifle, hit him on the shoulder with a stick, and struggled with him, causing the gun to discharge accidentally.
In her ruling, Justice Nicol-Clay held that none of the prosecution witnesses actually saw the shooting, meaning the case relied entirely on circumstantial evidence. She noted that the prosecution also failed to provide forensic or ballistic evidence linking the defendant’s rifle to the fatal injury or establish any meaningful investigative findings.
The judge further observed that the investigating officer admitted no proper investigation was carried out after the incident. She also held that the defendant’s account introduced the defence of accident, and that the prosecution failed to eliminate other reasonable explanations consistent with his innocence.
Justice Nicol-Clay concluded that the prosecution did not establish a clear link between the defendant’s actions and the death of Bakare. The court therefore resolved the doubt in favour of the accused and discharged and acquitted Inspector Odejimi of the manslaughter charge.
