Funsho Williams: Court frees alleged killers

FRANCIS IWUCHUKWU

A Lagos High Court sitting in Igbosere, presided over by Justice Ebenezer Adebajo, today set free six persons alleged to have murdered Peoples Democratic Party's (PDP) governorship candidate in Lagos State, Engineer Funsho Williams.

Specifically, the court declared that the evidence adduced by the prosecution against, Bulama Kolo, Musa Maina, David Cassidy, Tunani Sonoma, Mustapha Kayode and Ikponmwose Imariabie,
to prove the two-count charge of conspiracy and murder against them was "weak and superficial."

It would be recalled that sometime on June 9, 2014, the freed men had argued that the prosecution had not established a prima-facie case against them to occasion them to defend themselves. Particularly, in a no case submission filed by the defendants through their lawyer, Okezie Agbara, the defendants informed the court that the murder case initiated against them by the state government must collapse because it was built on unfounded suspicion.

In taking a look at the evidence adduced by the state during trial, they submitted that it only shows at the best that it was circumstantial. They further argued that for a court of competent record to base conviction on circumstantial evidence, it must be of a compelling and irresistible nature to show that the accused persons and no one else were responsible for the crime. According to them, "There has been no legally admissible evidence against the defendants."

The defendants therefore prayed the court to insist that the prosecution failed to link any of them
with murder of the late Williams.

In relying on Section 243 of the Administration of Criminal Justice Law of Lagos State, the defence lawyer posited that the judge should dismiss the charge and set the defendants free.

However in its opposition, the Lagos State government led by its lawyer and a    Director of Public Prosecutions, Mrs. Idowu Alakija, insisted that it had made out a prima facie case enough to warrant the defendants to enter a defence.

In his ruling, Justice Adebajo upheld the defence's argument, declaring that the prosecution failed to establish a prima-facie case of conspiracy to commit murder and muder against the defendants.


While the prosecution alleged that the fourth to sixth defendants, policemen deployed to provide security for Williams, made calls with their co-defendants with the deceased's mobile phone, Adebajo said, the state however failed to produce the call logs of the communication in court.

While describing the evidence in proof of the charge of conspiracy to murder as circumstantial, the court held that it could not convict the defendants on a case that was "weak and superficial."

On the count of murder, the trial court praised the state government for showing that Williams was actually killed.

Justice Adebajo said: "I am satisfied that the deceased died, but there was nothing to show those responsible for his death. In the final analysis, the evidence is manifestly unreliable for the court to call upon the defendants to defend themselves."

The defendants were first arraigned on March 1, 2013 before Justice Adebajo on a two-count charge of conspiracy and murder of the PDP chieftain at his 34A, Corporation Drive, Dolphin Estate, Ikoyi home on July 27, 2006.

According to the prosecution, the alleged offences are punishable under Sections 316 and 324 of the Criminal Code, Laws of Lagos State, 2003 with a mandatory death sentence.