By Umar Dankano Yola.
A High court sitting in Yola has discharg ed and acquitted former chief security officer, CSO to former Governor Murtala Nyako, Assistant commissioner of polic e(ACP) Abubakar Sheriff Rabi’u(rtd) over allegations relating to criminal breach of trust, cheating and forgery.
In a two hours judgment on Friday, the presiding judge and chief judge of Adamawa State, Justice Hafsat Abdulrahaman declared that all the five count charges slammed against the defendant(Sheriff Rabi’u) were not proven beyond reasonable doubt by the state (prosecution) by provided by the law.
The prosecution had alleged that Sheriff committed criminal breach of trust, cheating, forgery, fraud, forged documents, dishonesty and conduct capable of inciting public disturbance in relation to transactions involving Sebore Farms Limited and Sebore Export Process Zone belonging to his former boss (Admiral Nyako).
Consequently, the former security officer was arraigned on the 12th November 2021 before High court l which saw the state presenting five prosecution witnesses in an effort to establish its case beyond reasonable doubt but failed to establish the essential ingredients of every offence contained in the charge as held by the court
Justice Abdulrahaman emphasized that the burden of proof rests entirely on the prosecution and never shifts to the accused person citing authorities and
principles of criminal law, ruled that every ingredient of each criminal offence must be proved beyond reasonable doubt and that failure to establish even one essential element is sufficient to defeat the entire charge.
Justice Abdurrahman held that no evidence whatsoever was presented linking Sheriff to any of the allegations brought against the defendant declaring
that the prosecution woefully failed to prove its case against the defendant beyond reasonable doubt and accordingly discharged and acquitted him.
Recalled that ACP Sheriff Abubakar Rabiu was arraigned before the court for an alleged offence relating to converting two landed properties worth N80 million which he was instructed by his boss to buy for Sebore farms limited but allegedly used his personal company(Ashraf Nig.ltd) and was later sold out by himself.
However, the defendant denied all the charges against him which his legal team made several court appearances where five witnesses testified and cross examined thoroughly untill this moment that the court brought the legal tussle to a halt by discharging and acquitting him.
Justice Abdurrahman noted that none of the prosecution witnesses established that Sheriff fraudulently induced Sebore Farms Limited or any individual to part with N80 million through deception.
”The nature of the trust is a material ingredient of the offence. Where that essential ingredient is absent, the offence cannot be said to have been proved.
“On the grounds that the prosecution couldn’t proof its case beyond reasonable doubt and based on the evidences before this honorable court, the court hereby discharge and acquit the defendant on all five count charges”. Justice Abdulrahaman declared.
Reacting on the verdict, Counsel to the defendant, Roland C. Enem and that of the prosecution, D. I. Kulthu, appreciated the court for the judgement.
Enem thanked the Chief Judge for the diligent research and fair judgment stressing that his client was arraigned on 5 counts of criminal breach of trust, cheating, making false documents, and inciting public disturbance and that the court has discharged and acquitted him.
He commended the judge’s thorough analysis and conclusion, describing the judgment as exemplary and reflective of justice.
