Court acquits suspect over HIV status

Magistrate M. Opeagbe of an Igbosere Magistrate’s court, yesterday, discharged and acquitted a HIV positive and tuberculosis patient, Aliu Musa, 38, who allegedly stole an i-Pad valued at N85,000.
The magistrate discharged him of the theft based on his health status, adding that she did not want him to go and infect other inmates in the prison, if sent there.
The defendant, who was arraigned on a two-count charge of conspiracy and stealing, pleaded guilty to the charges against him.
Musa, who was coughing out blood in court while the charge was being read to him, was handed tissue paper by the magistrate to cover his mouth.
The magistrate read the statement of the defendant, indicating that he had tuberculosis and also an HIV positive patient.
Musa told the magistrate that he had tuberculosis and HIV after the registrar told the court that he was pretending and nothing was wrong with him.
The magistrate asked the investigating police officer, Corporal Ishiaku Wasiu, from Onikan Police Station if he knew Musa's health status.
Wasiu said: “He was brought to the court because there is nobody to bail him from the police station and he cannot just be released.”
However, the court said the defendant could not be sent to prison to infect thousands of people.
The prosecutor, Inspector Clifford Ogu, had told the court that the defendant and one other, now at large, committed the alleged offence on March 3, at about 1:30p.m. at Paramount Wood Work Limited, located at 156, Awolowo Road in Ikoyi area of Lagos.
The prosecutor claimed that the defendant stole one i-Pad valued at N85,000, belonging to one Oladipo Itanola.
According to Ogu, the offence is contrary to Sections 409 and 285 of the Criminal Law of Lagos State, 2011.