A High Court sitting in Yola, Adamawa State, has discharged and acquitted the former Chief Security Officer (CSO) to ex-Governor Murtala Nyako, retired Assistant Commissioner of Police (ACP) Abubakar Sheriff Rabi’u, of allegations bordering on criminal breach of trust, cheating, forgery, and related offences.
Delivering a judgment that lasted about two hours on Friday, the Chief Judge of Adamawa State, Justice Hafsat Abdulrahman, held that the prosecution failed to prove the five-count charge against the defendant beyond reasonable doubt, as required by law.
The state had accused Sheriff of criminal breach of trust, cheating, forgery, fraud, dishonesty, and conduct likely to incite public disturbance in connection with transactions involving Sebore Farms Limited and Sebore Export Processing Zone, companies belonging to former Governor Murtala Nyako.
Sheriff was arraigned before High Court I on November 12, 2021. During the trial, the prosecution called five witnesses in an attempt to establish its case. However, the court ruled that the prosecution failed to prove the essential ingredients of the offences contained in the charge.
Justice Abdulrahman reiterated that the burden of proof in criminal proceedings rests entirely on the prosecution and never shifts to the accused. Citing established principles of criminal law and judicial authorities, the judge held that every element of each offence must be proved beyond reasonable doubt and that failure to establish even one essential ingredient is sufficient to defeat the charge.
The court further held that no credible evidence was presented linking Sheriff to any of the allegations, concluding that the prosecution had failed to prove its case beyond reasonable doubt. Consequently, Justice Abdulrahman discharged and acquitted the defendant on all five counts.
The prosecution had alleged that Sheriff unlawfully converted two landed properties valued at N80 million. According to the allegations, he was instructed by his former principal to purchase the properties for Sebore Farms Limited but instead acquired them through his personal company, Ashraf Nigeria Limited, before allegedly selling them.
Sheriff denied all the allegations throughout the trial. His legal team made several court appearances over the course of the proceedings, during which the prosecution’s five witnesses were thoroughly cross-examined before the court finally brought the case to an end with his acquittal.
Justice Abdulrahman also 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 could not prove its case beyond reasonable doubt, and based on the evidence before this honourable court, the defendant is hereby discharged and acquitted on all five counts,” the judge declared.
Reacting to the judgment, counsel to the defendant, Roland C. Enem, and counsel to the prosecution, D. I. Kulthu, commended the court for its decision.
Enem thanked the Chief Judge for what he described as a diligent and well-researched judgment. He noted that his client had faced charges of criminal breach of trust, cheating, making false documents, and conduct capable of inciting public disturbance, but had now been discharged and acquitted on all counts.
He described the judgment as exemplary, saying it reflected fairness, thorough judicial analysis, and the proper administration of justice.
