Yola Division of the Appeal Court in Adamawa state has affirmed the judgment of the state High Court sentencing three men to death by hanging for armed robbery and culpable homicide.
The Court of Appeal held that the state High court acted in the interest of justice by sentencing the convicts to death by hanging, thereby upholding the death penalty.
The convicts, Rabiu Alhaji Wada, 25, Luka Umaru,35, and Hamisu Sani, 22, from Adamawa were handed down the death sentence after pleading guilty of a three-count charge of conspiracy, armed robbery, and culpable homicide.
The trio was convicted for conspiracy and armed robbery while armed with offensive weapons contrary to section 6(b) and punishable under section 1(2) (a) of the robbery and firearms (Special Provision) Act cap R11 Laws of the Federation.
According to the prosecution, the culpable homicide with death was committed in furtherance of a common intention contrary to section 79 and 221 (a) of the Penal Code.
Earlier, the convicts were arraigned before the state High Court presided by Hon. Justice Abdul-Aziz Waziri on the 23rd of February 2017 and jointly charged for the offenses.
The High Court had while delivering its judgment in suit number/ADYS/17c/2017/ on the 10th April 2018, sentenced them to death by hanging for the offenses.
According to the court, the convicts were to be hanged by the neck until certified dead by a medical doctor.
Dissatisfied with the verdict of the lower court, the affected persons appealed the court’s decision on 6th July 2018 on the grounds that the lower court erred in law when it convicted them solely on a confessional statement which they retracted.
But delivering its judgment on the matter, the Appeal Court presided by Hon. Justice Chidi Nwaoma Uwa dismissed the application and affirmed the judgment of the state High Court on the death sentence.