Five students and five employees of Dowen College, Lagos linked to the death of Sylvester Oromoni have been cleared of any wrongdoing by the state government.
Legal advice from the state’s director of public prosecution (DPP) Adetutu Oshinusi to the deputy commissioner of police, state criminal investigation department (SCID) and the trial magistrate, Olatunbosun Adeola showed the state’s position on the matter.
The legal advice, obtained by Channels TV, concluded that based on findings, which included autopsy, there is no prima facie case of murder, involuntary manslaughter and or malicious administering of poison with intent to harm against the students: Favour Benjamin, 16; Micheal Kashamu, 15; Edward Begue, 16; Ansel Temile, 14; and Kenneth Inyang (15).
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.
Oromoni’s parents had said the boy told his mother that five boys beat him up for refusing to join their cult. The parents also claimed the students forced their son to drink poisonous substance.
According to the legal advice, the interim and final autopsy reports issued by the Lagos State University Teaching Hospital and toxicology report of post mortem samples and that of the Central Hospital, Warri 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.
The state also cleared the minors of belonging to unlawful society due to insufficient facts to establish the offence.
It stated that “from available facts in the duplicate case file, 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.”