Tom Garba, Yola
Adamawa based lawyer has given a pro bono service to Bamanna Abubakar, Ba- Ganye Umaru and Saidu Mohammed Hudu, Barr Gabriel Adikwu who were arrested by the police and arraigned before Chief Magistrate Court 08/05/2017 after many days in custody for the offence of Criminal conspiracy punishable under section 61 (1) of the penal code law of Adamawa state 2018.
The three men were charged for committing a house breaking offence punishable with death in furtherance of a common intention contrary to section 43 and 342 (1) of the penal code law of Adamawa state 2018 and Culpable Homicide punishable with death committed in pursuance of a common intention contrary to section 43 and 192 (b) of the penal code law of Adamawa state 2018.
Gabriel who followed up the case from to high court on appeal when he lost out from a lower court and defended when they were all sentenced to death by hanging in the high court.
He was dissatisfied with the High court judgment and further appealed to the court of appeal and won as the judgement was set aside and they were all Discharged and acquitted.
Gabriel narrated the scenario of Baba, Umaru and Saidu who were remanded on holding charge while awaiting DPP’s advice as the magistrate court lacked the jurisdictional competence to try them on the alleged offences while awaiting the DPP’s advice.
He sought for their bail but same was refused, Finally the Trio were formally arraigned via a First Information Report on the 25/11/2019 before the High Court of Justice, Ganye Division and they all denied the allegations consequent upon which the Prosecution proceed to call witnesses to prove the allegations.
The trio Prosecutor called three witnesses and closed their case and he opened a defence and closed same after calling seven witnesses at the end of which Trial Justice in a well considered delivered on 22/06/2021 sentenced them all as follows:
” Seven Years in imprisonment on counts 2&4 after taking the four years already spent in custody after taking into consideration with a compensatory award of 100, 000.00 naira and on count 1 & 3 the trial justice sentenced them all to death by hanging.
“Dissatisfied with the judgement we approached the Three wise men at the court of appeal yola division where we filed three separate appeal on 31/08/2021.
“The court of Appeal Yola Judicial division in a well considered judgement delivered on 22/06/2023 allowed our appeal and set aside the judgement of the trial court which sentenced them to death by hanging thereby discharging and acquitting them on all counts.
“we represented this indigents fellows pro-bono our joy in the struggle to restoring their lives and liberty back to them which lasted over six years knows no bound but while this great victory is one that call for celebration for me as a lawyer l have over the years learn to be sober in victory but l must put it on the record the fact victory was made possible by God and God alone and we @ Gabriel Adikwu & Co. ( Elo- heem Chambers) return all the glory to him and remain eternally grateful for using us to speak for the voiceless in our society.” Gabriel said.