Court Discharges 2 Accused of Armed Robbery in Adamawa

High Court of Justice No. 3, Yola Judicial Division in Adamawa State has discharged and acquitted 2 persons accused of criminal conspiracy, abatement and armed robbery.

The court discharged and acquitted the defendants for failure of the prosecution to prove its case against them.

The court presided by Hon. Justice Kyanson Samuel Lawanson, discharged and acquitted the defendants after they were tried and found not guilty to multiple offences slammed against them by the prosecution.

The defendants, Isa Yusuf (a.k.a Abati), 22 years old and Mohammed Bako, 30 years old, were arraigned before the court on the 14th October, 2022 where they pleaded not guilty to all the eleven (11) count charges preferred against them.

The duo who hail from Yola North LGA, spent about 4 years at the Jimeta Correctional Center undergoing trial and eventually regained their freedom.

They were arraigned before the Hon. Court on an eleven (11) counts charge filed on the 16th August, 2022. The Defendants were jointly charged for Criminal Conspiracy to commit robbery while armed with offensive weapons punishable under Section 61 (1) of the Adamawa State Penal Code Law 2018 per count 1. 

The 2nd Defendant was charged for abetment punishable under Section 49 of the Adamawa State Penal Code Law 2018 per count 2 while the 1st Defendant was charged with others at large for robberies while armed with offensive weapons punishable under Section 289 (2) (a) (b) & (c) of the Adamawa State Penal Code Law, 2018 per counts 3 – 11.

The Prosecution informed the court that the defendants alongside Nasiru Arba, Baushe and Anas Lala now at large on or about 20th November, 2021, agreed to do an illegal act to with robbery by forcefully dispossessing 9 persons of their valuables.

According to the Prosecution, the defendants and others currently at large armed themselves with sticks, cutlasses and knives, invaded the houses of their victims at Kofare Agric in Yola North LGA and carted away valuables such handsets, plasma tv, laptops and monies.

During trial, the prosecution called 2 witnesses and tendered the extra judicial statements of the defendants in an effort to prove its case and secure the conviction of the defendants.

The prosecution could not secure the attendance of a single witness among the 9 victims of the alleged robbery incidents to testify in court.

It equally failed to tender in evidence the said offensive weapons the defendants were said to have armed themselves with while carrying out their operation or exhibits recovered from the robberies.

The Court in its findings held that the extra judicial statements of the Defendants tendered in evidence by the prosecution did not directly and unequivocally indicate that the Defendants confessed committing the alleged offences.

Both Counsel to the Prosecution and Defendants, D. K. Kulthu Esq (State Counsel I) and Mohammed Abubakar Esq (Chief Legal Aid Officer) Legal Aid Council of Nigeria, Adamawa State adopted their final written addresses, hence, the judgement of the court on the matter.

Delivering its judgement, the court presided by Hon. Justice Kyanson Samuel Lawanson, discharged and acquitted the duo for failure of the prosecution to prove its case against them. 

He said, "On the whole the prosecution having failed to prove its case beyond reasonable doubt, the only option open to the court is to discharge and acquit the defendants".

"Accordingly, the defendants are hereby discharged and acquitted on the Eleven (11) counts preferred against the defendants by the state", held Justice Kyanson.

In his reaction after the judgement, counsel to the defendants, Mohammed Abubakar Esq (Chief Legal Aid Officer) Legal Aid Council of Nigeria, Adamawa State appreciated the court for what he described as a well-considered judgement.