Adamawa State High Court sitting in Yola, the State capital has discharged a middle age man, Abraham Donald from Labondo, a village in Girei Local Government Area accused of killing one Aladun Jack, lover of his grand mother.
The accused was said to have caused the death of Aladun Jack, by hitting him with cutlass on his stomach when he ( Donald) met Aladun having sexual intercourse with his grand mother in Labondo on 17th January, 2011.
The offence preferred against him was culpable homicide not punishable with death contrary to section 222 sub section 1, of the Penal Code Law cap 98, Laws of Adamawa State 1997, and punishable under section 224, thereof.
But delivering his judgment on the case on Tuesday this week, Justice Abdul Aziz Waziri said "the accused Abraham is hereby pronounced not guilty of the charge alleged against him" saying " he is in the final analysis discharged and acquitted ".
Justice Abdul Aziz held that at the earlier part of the judgement, the court found that the defendant confessed to the stabbing of the deceased on his left rib which resulted to his death, saying that to amount to culpable homicide, the killing of Aladun must not have been lawful.
He said in a situation such as this where a person kills in self defence, such killing is excusable by law, saying that the act of the deceased caused the defendant a reasonable apprehension of death or grievous harm to entitle him to defend himself.
The court stated that one is constrained to wonder why the prosecution that filed a total list of 5 witnesses in the proof of evidence could only produce a single witness at the trial, adding that to that extent, the prosecution has failed to prove his case beyond reasonable doubt, the benefit of which must be given to the defendant in the case.
He posited that no wonder the prosecution decided to take cover under section 222(1) of the Penal Code law and punishable under section 224 of the same code.
Justice Abdul-Aziz pointed out that the police that investigated the case did a poor investigation, noting that the grand mother in question was not called to testify.
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