A Bayelsa High Court has convicted Mr Prudent Oguruguru, a Senior Special Assistant on General Duties to the Bayelsa Governor Douye Diri, on a two-count charge bordering on conspiracy to commit assault and assault occasioning harm.

Oguruguru was arrested for the assault on one Ubong Effiong Ubek, leading to the latter being unconscious at Agudama-Epie on February 20, 2024.

He was subsequently arraigned on a five-count charge bordering on conspiracy, attempted murder, assault occasioning harm, serious assault, and malicious damage before Justice I. A Orukari.

During the trial, the accused pleaded not guilty to all the charges, and the prosecution called six witnesses and tendered seven exhibits to prove its case.

Justice Orukari in his ruling on Tuesday noted that the sole issue of determination was “whether by the totality of evidence adduced the prosecution proved the elements of the offences charged beyond reasonable doubt to warrant the conviction of the defendant”.

The trial judge in his judgment while declaring that he was of the considered opinion that the prosecution failed to discharge its evidential burden on proving offences in Counts two, four, and five bordering on attempted murder, beyond reasonable doubt, added that in respect to offences in Counts one and three, the evidence led by the prosecution is satisfactory and proved beyond reasonable doubt that the defendant committed the offences of conspiracy to commit assault and assault occasioning assault.

Justice Orukari therefore discharged and acquitted Oguruguru of Counts Two, three, and Five, however, he found him guilty of Counts One and Three.

The defendant’s counsel, Abadiofoni in an allocutus on behalf of his client pleaded that the Court temper justice with mercy as the defendant is a first time offender.

However, the prosecution counsel, D.J Olubowale objected to the defendant’s counsel taking the allocutus, arguing that it was a settled matter by the Supreme Court that the proper person to take the allocutus is the defendant himself.

Oguruguru in his allocutus pleaded with the Court to temper justice with mercy because he is the sole provider for his young family and aged mother.

Justice Orukari in his verdict said that moved by the show of remorse of the defendant and the fact that he is a first time offender, sentenced him to three years imprisonment with an option of a fine of N250,000 for Count 1 and also three years imprisonment with an option of a fine of N250,000 for count three.

He ruled that both sentences would run concurrently.

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