A Yola High Court in Adamawa state has set aside the judgment of a lower court which convicted and sentenced a 48 year old traditional herbalist, Mallam Muhammed Yarra, to 3 years imprisonment for collecting the sum of #10.3million from a Director (names withheld) in the state to cure his weak erection.
It could be recalled that an Upper Area Court III on 14th June, 2019 convicted and sentenced Mallam Yarra to 3 years imprisonment or #100,000 fine, and further ordered the convict to pay the sum of #10.3million as compensation to the complainant.
Mallam Yarra, was earlier charged before the Area Court on First Information Report, alleging the offence of cheating contrary to section 320 of the state penal code law, but pleaded not guilty to the offence when the content of the FIR was read and explained to him.
Mallam Yarra who hails from Biu Local Government Area, Borno state and reside in Yola, claimed that he has been a traditional herbalist for 20 years and specialises in treating several diseases including weak erection, barrenness, obtaining promotion at work places among others.
According to Mallam Yarra, it was a friend of the complainant that introduced him where they told him that the complainant has a problem of weak erection and that they needed him to treat him.
Mallam Yarra said he agreed to treat the Director of his impotency and that after some days, he demanded for money from him so as to enable him continue in providing herbs for him.
He said that he had been collecting money from the complainant which amounted to #10.3million, and used part of the money and sank a borehole at his cattle range, built 2 houses for himself and his father, bought a vehicle and gave a friend the sum of #40,000.
He added that the complainant went ahead and sold his house in order to raise money so as to get herbs that can give him quick respond, and that he did not pressurised him to sell his house in order to give him the money.
The traditional herbalist added that it got to a point where he gave the complainant some charms and directed him to go to the graveyard and search for a new grave and bury the charms, narrating that it was the complainant that chose Sangere cemetery in Yola to go and bury the charms.
According to him, he gave the charms to complainant to bury it so that it will make some people that he had borrowed money from them to forget about their money, explaining that he gave him the charms due pressure from those he borrowed money from them.
But in its judgment, the trial court convicted and sentenced Mallam Yarra to 3 years imprisonment with option of #100,000 fine, and ordered him to pay the sum #10.3million.
Dissatisfied by the judgment of the lower court, Mallam Yarra approached Honourable Justice Abdul-Azeez Waziri's led High Court via notice and grounds of appeal dated 17th June, 2019 and filed on 18th June, 2019.
In the appeal, the Appellant sought for an order of the court allowing the appeal and setting aside the decision of the trial court, and order of the court discharging and acquitting him as well as any order the court may deem it fit.
Delivering its judgment on the matter, the High Court declared that the transaction involved in the case were based on contractual agreement reached by the Appellant with the Respondent who wanted the Appellant to treat his impotency.
The Court added that since there is no element of deceit on the part of the Appellant, the trial court was wrong in finding him guilty of the offence of cheating, saying that the purported #10.3million was clearly a consideration for the contract between the Appellant and the Respondent who was desperate to have his impotency cured and however discharged and acquitted the Appellant.
No comments:
Post a Comment