Justice Adeniyi Onigbanjo who presided over the ruling ordered that pharmacists, Orji Osita and Maduakor Chukwunonso be released based on affidavit of response filed by the office of the state Director of Public Prosecution (DPP) dated November 1, 2012.
Prior to the DPP's response, the duo through their counsels have filed a non-culpable motion before the court.
In the DPP's advice, two others suspects; Gideon Okechukwu and Ezeaka Chinonso were also declared not culpable of the offences of murder, conspiracy to murder and conspiracy to commit felony to wit stealing preffered against them before the lower court.
However, the main culprits, Okwumo Echezona Nwabufo and Ezike Ikechukwu Olisaeloka were found culpable of offences of the offences of murder, conspiracy to murder and conspiracy to commit felony to wit stealing, while Ezike Nonso Ifechukwu were found culpable of receiving stolen property contrary to sections 326(1) (2) law of Lagos State.
In the report, signed on behalf of the Attorney-General, Mr. Ade Ipaye, it stated to establish offence of conspiracy that "the prosecution must established that there
was agreement between two or more persons to carry out the crimes or unlawful act.
"It is well settled that to secure a conviction on a charge of murder, the prosecution must prove that the deceased had died, that the death of the deceased was caused by the accused, and that the act or omission of the accused which caused the death of the deceased was intentional with knowledge that death or grievous
bodily harm was its probable consequence."
The DPP report further added that "in the light of the foregoing, this office shall prosecute Okwumo Echezona Nwabufoan Ezike Ikechukwu Olisaeloka for the offence of conspiracy to commit murder, murdrr, conspiracy to commit felony to wit stealing and stealing contrary to Section 231,221, 409 and 285 (1) of the Criminal Law, No. 11, Laws of Lagos State, 2011 respectively."
Since a prima facie case has been established against the suspects, they are to be arraigned soon before a state High Court.
The pharmacists' freedom came ahead of the formal arraignment of those found culpable for violent killing of Cynthia which is expected to commence in full swing
at the state High Court.
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