Adamu Dauda V. Federal Republic Of Nigeria (2014)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

IBRAHIM SHATA BDLIYA, J.C.A. (Delivering the Leading Judgment)

This is an appeal against the judgment of the Federal High Court, Jos Division, (hereinafter referred to as the lower Court) in charge No. FHC/J/34C/2010 delivered on the 16th of December, 2010 by ALLAGOA, J. The appellant, Adamu Dauda, was tried, convicted and sentenced to various terms of imprisonment for committing offences under section 518 of the Criminal Code Cap 38 LFN and sections 15(2) 5(1) and 27(1) (c ) (i) of the Economic and Financial Crimes Act, 2004.

Dissatisfied with the trial, conviction and sentences; he appeal to this Court by filing a Notice of appeal on 25th of March 2011 which was amended and filed with leave of Court on the 21st of November, 2013. The amended notice of appeal consists of 2 grounds of appeal. They are as follows:

GROUND ONE (1)

“The learned trial judge erred in law when he assumed jurisdiction to try and convict the appellant when there was no proper arraignment of the appellant which occasioned miscarriage of justice on the appellant.”

PARTICULARS

(a) The Lower Court did not properly record the plea of the appellant in respect of the three count charge against him.

(b) The three count charge was not adequately read and explained to the appellant on the day his plea was purportedly taken.

GROUND TWO (2)

“The decision of the lower Court is altogether unwarranted, unreasonable and cannot be supported having regard to the evidence before the court,”

I think it is apt, at this juncture, to state briefly, the events or circumstances that culminated to the arrest, prosecution, conviction, sentencing of the appellant and the appeal to this court. Sometime in March, 2010 there was civil or communal; disturbances in several Local Government Areas of Plateau State. A special Military Task Force was established by the Federal Government of Nigeria to monitor, control and bring to an end such disturbances in the state.

On the 8th of March, 2010, the Task Force was alerted of a communal fight in Kadunu village of Mangu Local Government Area. Some Military and Policemen were dispatched to the Area. On arrival at the scene of the disturbances the appellant and others were seen armed with various weapons, such as guns, knives, bows and arrows, machetes/ axes, among others. The rioters were setting houses ablaze and destroying properties.

The appellant and fourteen (14) other persons were arrested in Kadunu village of Mangu Local Government Area at the scene of the riot. They were subsequently handed over to the Police. After an investigation of the disturbances, the appellant and other persons were charged with the commission of various offences under Section 518(5) of the Criminal Code, and Section 15(2) of the Economic and Financial Crimes Commission Act, 2004 before the Federal High Court, Jos. The appellant was convicted and sentenced to various terms of imprisonment on the 16th of December, 2010. Dissatisfied with his conviction and sentencing, he appealed to this Court by filing a Notice of Appeal on the 26th of March, 2011.

The appellant filed his brief of argument on 26th November, 2013, wherein a lone issue was distilled from ground I of the grounds of appeal for the determination of the Court. It is as follows: