Court Discharges Student, Farmer Falsely Accused of Kidnapping in Adamawa

A High Court No. 2 sitting in Yola, Adamawa State has discharged and acquitted a Secondary School Student as well as a farmer accused of criminal conspiracy, attempt and threat to commit kidnapping. 

The Court presided by Hon. Justice Bulila Ladukiya Ikharo, discharged and acquitted Mohammed Shu’aibu and Samaila Suleiman, after spending about 4 years behind bars.

Both Defendants who hail from Hong LGA in Adamawa State were earlier arraigned before the court on a Three (3) count amended charge of conspiracy, attempt and threat to commit kidnapping contrary and punishable under Sections 249 (1), 249 (2) and 249 (3) of the Adamawa State Penal Code Law 2018.

On their arraignment, both Defendants pleaded not guilty to all the allegations, after which the Prosecution assembled three (3) witnesses and tendered extra judicial statements of the Defendants in evidence.

According to the Prosecution, the Defendants and one Musa Baraka now at large conspired and stormed the residence of Engr. Nuhu Delham in Pella community, Hong LGA with a mission to kidnap the said Eng. Delham for ransom.

The Prosecution informed the court that the Defendants were apprehended at the scene of the crime knowing fully well their mission was an illegal act.

Upon conclusion of trial, Counsel to the Defendants, Mohammed Abubakar Esq, (Chief Legal Aid Officer) Legal Aid Council of Nigeria, Adamawa State and the Prosecuting Counsel; Amina Bello Esq, filed and adopted their respective final written addresses.

In his judgement, Justice Ikharo, held that from the totality of evidence adduced before the court, the Prosecution has failed to establish the cumulative ingredients of the three (3) counts against the Defendants, saying, " Accordingly, I hereby return the verdict of not guilty for the 1st and 2nd Defendants".

According to the Court, a careful perusal of the evidence against the Defendants indicates that it is nothing but trash reason being that the evidence of PW2 shows nothing but the recording of extra judicial statement of the 2nd Defendant which was expunged from evidence for contravening the provision of Section 19 (2) & (4) of the Adamawa State Administration of Criminal Justice Law 2018 while the evidence of PW3 is hearsay evidence which is inadmissible in law. 

"There is nothing on record either from the evidence of PW1, PW2 and PW3 and exhibits tendered which revealed that the Defendants herein sent some form of threat to kidnap the alleged victim either by way of letter, email, text message, telephone calls or any form of communication.

"Having held that the substantive offence charged under count Two (2) and Three (3) have failed it follows that the offence of conspiracy in count One (1) would also fail. 

"Therefore, I hereby find and hold that the Prosecution has not been able prove the charges beyond reasonable doubt as required by law. Thus, the Defendants are not guilty as charged." Justice Ikharo held.

The Court therefore discharged and acquitted the Defendants on all the three (3) count charges slammed against them by the Prosecution.

In his reaction after the judgment, counsel to the Defendants; Mohammed Abubakar Esq, (Chief Legal Aid Officer) Legal Aid Council of Nigeria, Adamawa State appreciated the Court for the well-considered judgment.

Legal Aid Council of Nigeria (LACoN) Adamawa State Office gains acquittal for its Clients (a Student and a Farmer) accused of Criminal Conspiracy, Attempt and Threat to commit Kidnapping.