Isa Bello V Federal Republic Of Nigeria (2018)

LAWGLOBAL HUB Lead Judgment Report

SIDI DAUDA BAGE, J.S.C.

The Appellant, and fourteen other Herdsmen, were arraigned before the Federal High Court, Jos, on a three-count Charge of conspiracy, possession of firearms and acts of terrorism, to wit;

“Intimidated, put in fear citizens of Kadunu Village and environs in Mangu Local Government Area of Plateau State, while armed with dangerous weapons such as machetes, knives, bow and arrows, slings and axes, pursuant to which you put in danger the residents of these villages causing the death of several persons, serious injuries to several others, damage to public and private properties and natural resources and thereby committed an offence contrary to and punishable under Section 15 (2) of the Economic and Financial Crimes Commission Act.2004.”

At the trial, the Prosecution called five Witnesses and tendered fifty-seven Exhibits, including Dane guns, bows and arrows, etc, and the Statements of the Appellant and other Accused Persons to the Police, as Exhibits A1-A14, wherein they had confessed to committing some of the said offences charged against them.

1

The Prosecution’s case is that after a communal disturbance on 8/3/2010, the Accused Persons were arrested with assorted weapons by Soldiers, who later handed them over to the Police.

None of the Accused Persons, including Appellant, testified in their defence but they called one witness, Mohammed Hassan, the leader of his community, called Hardo, Head of Fulani, and he testified that he was informed of an attack by Berom people, and when they were surrounded by some people, who started burning their houses, he advised the Accused Persons to escape to a secure place. They met Soldiers while trying to escape and were stopped. The Soldiers shot at them. He said he was shot but survived, and that the Accused persons were then arrested. He explained that they were herdsmen, and had the guns for the protection of their cattle, and that none of them used the guns.

The leamed trial Judge, Allagoa J., did not believe DW.1, and in his Judgment delivered on 16/12/2010, he concluded:

“It is not enough for the defence to rely on the evidence of DW.1 or self defence because he is an unreliable witness for reasons I had earlier stated.

2

The Prosecution have proffered contrary evidence to the defence as set up by the Accused Persons in their Extra-Judicial Statement, it is now their duty to enter the witness box and testify showing circumstances under which they apprehended fear of death to have warranted them to commit the act. They had therefore, rested their case on Prosecution evidence. In all the circumstances of the case, I find that the Prosecution has proved the 3 Count Charge against 15 Accused Persons beyond reasonable doubt and they are therefore jointly, severally and variously convicted as charged.”

The Appellant, who was the tenth Accused Person was sentenced to two years imprisonment without an option of fine in Count 1, and ten year’s imprisonment without option of fine in Court III.

Dissatisfied, the Appellant appealed to the Court of Appeal and in dismissing his Appeal, the Court of Appeal held as follows:

“The learned trial Judge assessed the credibility of the witnesses, he accepted and believed their evidence. This Court cannot interfere with such findings and conclusions without good cause to do so. See IKO VS THE STATE (2001) 14 NWLR (Pt.132) 221 and MODUPE VS THE STATE (1988) 4 NWLR (Pt.87)