A 40 year old man and father of 10, Mohammed Abubakar has been convicted and sentenced to death by hanging for the offences of kidnapping in Adamawa state.
Mohammed Abubakar was convicted and sentenced to death by Honourable Justice Abdul-Azeez Waziri led High Court on Monday after he was tried and found guilty of kidnapping.
The convict, Mohammed Abubakar of Madugu village in Girei Local Government Area was charged to court for alleged kidnapping contrary to section 248(9) of the Adamawa State Penal Code Law, 2018, and punishable under section 248(b) of the same Code.
When arraigned before the court on three (3) count charges preferred against him, the defendant and now the convict pleaded not guilty, and in order to prove it case, the prosecution lined up 3 witnesses who testified in court and tendered evidence which were also admitted.
Earlier, the 40 year old farmer confessed that himself and 2 others now at large, while armed with guns, unlawfully kidnapped and held for ransom one Abiola Dubagari of Bajam village in Girei LGA, and that in the process they shot and killed Dubagari, the father of their victim.
He confessed that on the 18th May, 2019, advised other gang members now at large that they should to go down to Bajam village, a Yungur community and kidnap one Abiola who had bought a new car, saying that they also called other gang member and went to the village together.
He narrated that upon their entry into the village in the night on that fateful day, himself and one other picked their victim up, covered his face and carried him into the bush.
Mohammed Abubakar added that it was himself and one other that entered into the young man's house, while one other gang member was left outside to man the gate, narrating that while taking Abiola to the bush, they heard a gun shot.
According to him, immediately after the gun shot, they saw one member of the gang who was manning the gate, and that when they asked him about the gun shot, he told them he had shot and killed Dubagari, the father of Abiola.
He stated that when their gang member told them about the killing of the old man to the hearing of his son whom they had abducted, they later told Abiola to return back home and bury his father on condition that after the burial he should bring the sum of #100,000 immediately.
He said that immediately after the burial, Abiola brought the sum of #40,000, and complained to them that it was the only money he had, saying that they collected they money and warned him to ensure the completion of the remaining balance which he gave them at a later date.
Also, on the 16th June, 2019, at Sangere FUTY in Girei LGA, the convict narrated that himself and 2 others now at large, while armed with guns, carried away and held for ransom, one Caleb Francis until ransom was paid to them.
He equally confessed that sometimes later, his gang members asked him (Mohammed) where to go and get money, and that he told them that the only man that had money in that village at that was his elder brother.
The convict added that they went to his elder brother's house around 10:00pm and kidnapped him, saying that they asked him to give them the sum of #600,000, and that his brother told them that he can only afford to give them #300,000 which he gave them the following day.
Mohammed Abubakar stated that he was later apprehended at Jabbi Lamba town in Girei LGA by the vigilante who later handed him over the Department of State Security Service.
Delivering its judgement on the matter on Monday, the court presided by Justice Abdul-Azeez Waziri, convicted and sentenced the defendant to death by hanging till he is certified death by a medical officer.
Justice Waziri declared that the prosecution has been able to prove the guilt of the defendant beyond reasonable doubt on all the 3 count charges and accordingly convicted him as charged.
According to him, the confessional statement of the defendant is positive, direct and true as it gives vivid account of what actually happened, adding that the evidence of the witness corroborated the statement of the defendant.
He held that he would have exercised his discretion to temper justice with mercy and apply the provision of section 417(2) D and E of the Administration of Criminal Justice Law(ACJL), 2018, but alas the convict is charged under 248 (a), (b) and (c) of Adamawa PC, 2018 which provides that whoever is guilty of the offence of kidnapping shall be punished with life imprisonment.
He added that the law further provides that if the death of any person occurs as a result of committing the offence, whoever is found guilty shall be punished with death, saying that from the above provisions, the frames of law have ousted his discretion to go for less but to apply the statutory penalty imposed.
Earlier, the Counsel to the convict, Mohammed Abubakar from the Legal Aid Council of Nigeria pleaded with the court to temper justice with mercy as the convict is the first time offender, and that he is a family man with 10 children.
Barr Mohammed Abubakar, informed the court that throughout the trial, the convict was remorseful.
On his part, Counsel to Prosecution, A. M. Iliyasu, told the court that there is no evidence of previous conviction, pointing out that the instance case, the death of human being has occurred.
