YOLA APPEAL COURT NULLIFIES DEATH SENTENCE ON 5 CONVICTED FOR ROBBERY, ORDERS FOR RETRIAL

 

Yola Appeal Court in Adamawa state has invalidated the judgement of a Yola High on 5 out of 9 youngmen convicted and sentenced to death by hanging for conspiracy and armed robbery.

The Appeal Court faulted the proceedings which led to the conviction of the defendants, and consequently ordered the Chief Justice of the state, Ishaya K. Banu to assign another judge of a High Court other than the trial judge for retrial.

It could be recalled that Justice Abdul-Azeez Waziri of the state High Court had on the 16th January, 2019 convicted and sentenced Aliyu Ardo, 25, Sadiq Mijinyawa, 22, Shuaibu Abubakar, 20, Sani Musa, 22, Kabiru Abdullahi, 22, Saidu Abubakar, 22, Umar Mohammed, 22, Sanisu Ibrahim Emmason,32, and Abdu Ojulu(at large) to death by hanging.

Justice Waziri in a case no. ADSY/9c/ 2017, convicted and sentenced all the defendants including the 9th defendant (Abdu Ojulu) to death by hanging in absentia.

Aliyu Ardo and 8 others hail from Luggere ward, Wauru Jabbe, Wuro Kuturu and Nassarawo Borehole in Yola South and Yola North LGAs respectively, were charged before Justice Waziri, for conspiracy and armed robbery while with offensive weapons contrary to section 6(b) of the robbery and firearms (Special Provisions) Act Cap R11 of the Laws of the Federation 2004 and punishable under section 1(2)(a) of the same Act. 

According to the prosecution, Aliyu Ardo and others had on the 22nd November, 2015, between 7 to 8pm at Wauru Jabbe ward in Yola south LGA, committed robbery while armed with offensive weapons such as cutlasses, guns, bows and arrows and sticks and robbed Iliyasu Mu'azu, Abdullahi Gidigo, Sadiq Bello, Amina Ismail, Hamman Adama Suleiman, Samson Nicanor, Yuguda Ethan and Haruna Alkassim of their money, handsets, wrappers among others. 

But when arraigned in court on 9 count charges, the then convicts pleaded not guilty to the offences, and in an effort to prove their guilt, the prosecution lined up 13 witnesses who testified in court and tendered documents marked as exhibits.

After evaluating all the evidences tendered, the lower court in its judgement, slammed death sentence on the defendants after they were found guilty to the offences as charged.

Peeved by the decision of the trial court, the then convicts through their counsels, L. D. Nzadon and I. A. Galadima filed notice of appeal on the 11th April, 2019, on five (5) grounds, and urged the Court of Appeal to allow their appeals.

L. D. Nzadon and I. A. Galadima prayed the court to set aside the conviction and sentence of the lower court, and further urged it to discharge and acquit their clients.

In his appeal, Nzadon, told the Appeal Court that the lower court was unreasonable, unwarranted and cannot be supported having regard to the evidence, arguing that the court had erred in law when it held that the confessional statement was sufficient for conviction without more notwithstanding the retraction.

According to him, the trial judge placed heavy reliance on the confessional statement of the appellants who retracted same, and that the trial court failed to properly evaluate the retracted confessional statement together with the totality of the evidence.

He further informed the court that that the trial judge also erred in law when he held that identification of the appellants was not necessary, and when he held that failure to tender items of robbery which were recovered is not fatal.

At the Appeal Court, the leading judgement was delivered by Justice Jamilu Y. Tukur, where he set aside all the proceedings which led to the conviction of the defendants, and remitted the case to the CJ for him to order for retrial by another judge.

Reacting on the judgement, Counsels to the appellants, L. D. Nzadon and I. A. Galadima and that of the respondent, I. A Jada of the DPP, Z. Y. Usman, and M. A. Umar appreciated the court for judgement.