The High Court of Justice 3, Yola, has discharged and acquitted two men accused of armed robbery after the prosecution failed to produce any of the nine alleged victims to testify in court.
The defendants, Isa Yusuf, 22, and Mohammed Bako, 30, both from Yola North LGA of Adamawa State, had spent approximately four years at the Jimeta Correctional Center while awaiting the conclusion of their trial.
Case Background
The accused were arraigned on October 14, 2022, before Justice Kyanson Lawanson on an 11-count charge including criminal conspiracy. The second defendant was charged with abetment, while the first defendant was charged with armed robbery alongside others who remain at large.
According to the prosecution, the defendants, along with two others identified as Nasiru Arba and Anas Lala who are still at large, allegedly invaded several homes at Kofare Agric in Yola North LGA on November 20, 2021. Armed with cutlasses and knives, they reportedly stole handsets, televisions, laptops, and cash from nine different victims.
Prosecution's Failure
During the trial, the prosecution faced significant challenges. They were unable to produce even a single witness from among the nine alleged victims to testify in court. Additionally, they failed to present the weapons allegedly used in the robberies as evidence.
While the prosecution did submit extra-judicial statements from the defendants, the court ruled that these documents did not clearly indicate that the defendants had confessed to the alleged crimes.
Court's Ruling
In his judgment, Justice Kyanson stated: "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 11 counts preferred against the defendants by the state."
The case highlights challenges within the criminal justice system, particularly regarding the importance of witness testimony and evidence preservation in securing convictions.
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