Honourable Justice Hapsat Abdulrahaman, of the Adamawa State High Court of Justice has discharged and acquitted a 28 year old Nicodemus Njaye, for the offences of conspiracy and armed robbery.
Nicodemus, who hails from Bazza in Michika LGA was said to have spent about 8 years in prison custody before he was discharged and acquitted by the Court on Tuesday.
He was arraigned before the Court for alleged conspiracy to commit robbery while armed with offensive weapons contrary to section 6(b) and punishable under section 1(2)(a) of robbery and firearms (Special Provision) Act Cap R11 Laws of the Federation.
Earlier, the Prosecution alleged that Nicodemus and Stephen Kwada (now Deceased) forcefully dispossessed Wafari Luwahya, of his Bajaj Motorcycle, while armed with offensive weapons on the 20th July, 2014 between 9:00am to 10:00am.
NEWS PLATFORM gathered that the duo who planned to snatch Wafari's motorcycle, requested him to convey them to Warakanza community so as to carry a goat and sell to treat Nicodemus' mother who was hospitalised unknown to Wafari, that it was a lie.
While on their way to Warakanza, Nicodemus and his friend stopped Wafari and ordered him to surrender his motorcycle or else they will kill him, and that when their Victim saw Nicodemus, armed with cutlass as well as knives, he became apprehensive.
The Defendant who engaged their Victim, attempted to cut him with a cutlass, but that he dodged as a result of which he fell down, and was also pursued while on the ground by Nicodemus, in attempt to stab him but to no avail.
While Nicodemus, was said to have snatched the motorcycle and escaped with it, Kwada, could not escape as he was pursued by some Locals as a result of which he hit a road block and fell on the ground.
He was there and then apprehended by the Locals and later died while receiving treatment at hospital after mentioning the name of Nicodemus, the alleged masterminder of the operation.
In the course of trials, the Prosecution tendered the alleged extra judicial confessional statement of the Defendant of which the Defendant vehemently denied it.
Likewise, the Prosecution woefully failed to call Wafari, who is the purported victim of the alleged armed robbery to testify against the Defendant.
On his part, Counsel to the Defendant, M. M. Tumba, called 3 Witnesses who testified as DW1, 2 and 3. The Defendant testified as DW 3 during trials.
In their separate testimonies, DW 1 and 2 who are relations of the Victim, narrated that it was a mob who pursued and arrested the deceased and not as alleged by the Prosecution.
Delivering her judgement, Justice Hapsat Abdulrahaman, discharged and acquitted the Defendant for failure of the Prosecution to prove its case.
She declared thus; "The mere tendering of a confessional statement which was denied by the Accused and in the absence of any corroborative evidence to taste the veracity or truthfulness of the confessional statement, I held the firm view that the Prosecution has not proven its case beyond reasonable doubt".
Justice Hapsat, stated that the testimony of the PW 1 which relates entirely to the recording of the statement does not give any iota of evidence to corroborate the said statement no matter how slight, to show that the confession is true.
She added that " It is trite law that a conviction may be based on the evidence of a single eye witness if found to be credible" saying that the evidence of Wafari, could have determined the case one way or the other as he is a vital Witness in the case.
"It is my humble view that when the Prosecution tenders the statement of an Accused person, they tender same only as a proof that the statement was and not as truth of its contents"
" And that is why is opened to the Accused to deny or confirm and affirm the said staterment or else to admit the making of it, but attack it on grounds of it not being voluntary made", Justice Hapsat stated.
Reacting on the Judgement, Counsel to the Defendant, M. M. Tumba, who rendered free service to the Defendant known as "Pro Bono", appreciated the Court, saying that he is happy that Defendant who has been in custody for about 8 years has regained his freedom.
On his part, Counsel to Prosecution, I. Mohammed, thanked the Honourable Court for the verdict.
Speaking to NEWS PLATFORM, Nicodemus, appreciated his Counsel, M. M. Tumba, for rendering service to him free of charge, and prayed God to grant him more wisdom so as to continue to help inmates who have no anybody to stand for them.
While appreciating the Court, for doing justice to his case, Nicodemus, said that he is going back home as a transformed person.
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