Legal Aid Council of Nigeria Secures Discharge, Acquittal of 3 Men Charged with Culpable homicide punishable with death in Adamawa



A High Court of Adamawa State sitting in Yola has discharged and acquitted three young men who were standing trial for culpable homicide, after the prosecution failed to prove its case beyond reasonable doubt.


The judgment was delivered by Hon. Justice Musa Usman of High Court No. 4, Yola, bringing to an end a trial that lasted over three years.


The defendants—Godwin John (19), Sadiq Finias Atomsa (27), and Na’Allah Gemu (23)—all natives of Dumne Community in Song Local Government Area of Adamawa State, were accused of causing the death of Buba Alhaji Bayo at Sabe Kaichi in 2021.


According to the prosecution, the defendants allegedly conspired and committed the offence of culpable homicide contrary to Sections 61(1) and (2), 191, and 192 of the Adamawa State Penal Code Law, 2018, and also caused the disappearance of evidence contrary to Section 133 of the same law.


The prosecution alleged that the defendants beat the deceased with sticks, knowing that death would be the probable consequence of their actions, and further alleged that they caused the disappearance of the deceased’s body.


The defendants were arraigned on 30th June, 2022, where they pleaded not guilty to the three-count charge.


In an attempt to establish its case, the prosecution called two witnesses, tendered exhibits including the extra-judicial statements of the defendants, and closed its case. The defendants testified in their defence and were cross-examined by the prosecution.


Musa Mijinyawa Esq., Senior State Counsel I, and N. J. Atiku Esq., Senior State Counsel II appeared for the prosecution, while the defendants were represented by Mohammed Abubakar Esq., Assistant Chief Legal Aid Officer, of the Legal Aid Council of Nigeria, Adamawa State Office. Both counsel filed and adopted their respective final written addresses.


In his address, counsel for the defendants argued that the prosecution failed to establish the essential ingredients of the alleged offences and that the evidence before the court raised substantial doubts, which ought to be resolved in favour of the defendants. He further submitted that although the defendants bore no duty to prove their innocence, they had nonetheless raised credible doubts in the prosecution’s case.


On his part, counsel for the prosecution urged the court to convict the 1st defendant based on the evidence presented, while conceding that the prosecution was unable to establish its case against the 2nd and 3rd defendants.


In delivering judgment, Hon. Justice Musa Usman held that the prosecution failed to prove the allegations against all the defendants beyond reasonable doubt. The court accordingly discharged and acquitted the three defendants.

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