Ebenezer Felix V. Commissioner Of Police (2017)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

ELFRIEDA OLUWAYEMISI WILLIAMS-DAWODU, J.C.A.(Delivering the Leading Judgment)

The Appellant herein, dissatisfied with his conviction on the second leg of the charge against him by the Magistrate Court of Borno State, Maiduguri Magisterial Division, Maiduguri, handed down by his Worship Binta Othman on January 22nd 2016, appealed to the High Court of Justice of Borno State, Maiduguri.

Further being dissatisfied with the judgment thereat, which affirmed the decision of the trial Court, delivered on September 28th in its appellate jurisdiction by Hon. Justices A. G. Wakkil, (Presiding) and M. S. Umara, he has appealed to this Court.

The gist of the facts that culminated into the case before the trial Court as gleaned from the printed Record before this Court is that, the Appellant, Mr. Felix Ebenezer, a member of Staff of the University of Maiduguri, Registry Department, before a Committee set up by the University Senate to investigate allegations of certificate racketeering against the Complainant, Lawan Bukar Alhaji, the then Registrar of the University, made the following outburst:

“If Lawan Bukar Alhaji is reappointed as the

1

Registrar of University of Maiduguri for the second term, I will kill him and kill myself……”

On the basis of afore quoted statement, the Complainant lodged a complaint of criminal intimidation to the Borno State Commissioner of Police, whereupon, the Appellant was arrested after investigation. He was eventually arraigned before the Magistrate Court and convicted.

It is necessary to note at this point that, pursuant to the Ruling of the Magistrate trial Court on August 4th 2015, that, the Appellant had a case to answer after hearing the testimonies of seven (7) prosecution witnesses together with the exhibits tendered, the trial Court charged him as hereunder reproduced:

“That on or about the 14th day of September 2006 or thereabout at University of Maiduguri threatened Lawan Bukar Alhaji with injury to his person with intent to cause alarm (sic) to the said Lawan Bukar Alhaji to do an act to wit;

1. To promote you or if not you will kill him and kill yourself.
2. If Lawan Bukar Alhaji is re-appointed as Registrar of University of Maiduguri you will kill him and kill yourself which he is not legally bound to do and that you

2

hereby commit an offence punishable under Section 397 of the Penal Code.

And it is triable by this Court.”

See page 43 of the Record.