Ali Mohammed Modu V. Federal Republic Of Nigeria (2016)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

YARGATA BYENCHIT NIMPAR, J.C.A. (Delivering the Leading Judgment)

This is an appeal against the Judgment of the Federal High Court delivered on the 30th day of September, 2014 wherein HONOURABLE JUSTICE IBRAHIM N. BUBA found the Appellant guilty, convicted and sentenced him to varying terms of imprisonment which were to run consecutively. The Appellant dissatisfied with the conviction and sentence filed a Notice of Appeal dated 23rd December, 2014, filed on the same day and setting out 2 grounds of appeal. The Appellant sought the following relief:

“To allow the appeal, set aside the judgment of the Court below convicting the Appellant for offences under the Terrorism (Prevention) (Amendment) Act 2013; quashing the conviction and sentences of terms of imprisonment, for offences for which the Appellant was not convicted and discharging and acquiting the Appellant.”

The facts leading to this appeal are that the Appellant along three others were arraigned before the Court below for the offences of conspiracy to commit a felony, i.e. terrorism, concealing information about acts of terrorism, committing acts preparatory to or in

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furtherance of acts of terrorism and being in possession of prohibited firearms and ammunition. Initially about 17 persons were arraigned but along the way 13 others were discharged and trial proceeded against 4 amongst whom was the Appellant. The charge sheet reads as follows:

COUNT 1:

That you ALI MOHAMMED MODU ‘M’ ADAMU ALI KARUMI ‘M’ AND IBRAHIM USMAN ALI ‘M’ on or about the 21st day of March, 2013 at plot 5, Road 69, Lekki phase 1, Housing Estate, Lagos, No. 24, Oyegbemi Street, Ijora Oloye, Apapa, Lagos and at a bungalow house (unnumbered) on Oyegbemi street, behind Celestial Church, Ijora Oloye, Apapa, Lagos, within the jurisdiction of this Honourable Court did conspire amongst yourselves to commit a felony, to wit: acts of terrorism by having in your possession explosive substances, namely: – (a) three (3) packs of explosive construction pipes; (b) fifteen (15) detonators; (c) eleven (11) AK-47 rifle magazines loaded with 30 rounds of live ammunitions each; (d) two hundred (200) rounds of 7.62mm live ammunitions; (e) one (1) AK-47 rifle; (f) two AK-47 rifle magazines with 3 rounds of live ammunitions each; (g) two (2) suit cases containing

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explosives; (h) one (1) water container containing explosives; (i) one (1) bag containing explosives; (j) fourteen (14) explosive canisters; (k) one (1) tin of chemical; (l) one (1) plastic drum containing explosives; (m) one (1) HP Laptop; (n) five (5) Nokia handsets and (o) one (1) red Volkswagen Golf Car, with Registration Number, SMK 427 AZ (Lagos), meant to transport the explosives and other items to the place or places of terrorism and thereby committed an offence contrary to Section 17 of the Terrorism (prevention) (Amendment) Act, 2013 and punishable under Section 17 (b) of the same Act.

COUNT 2:

That you ALI MOHAMMED MODU ‘M’, ADAMU ALI KARUMI ‘M’ AND IBRAHIM USMAN ALI ‘M’ on or about the 21st day of March 2013, at plot 5, Road 69, Lekki phase 1, Housing Estate, Lagos, No. 24, Oyegbemi Street, Ijora Oloye, Apapa, Lagos and at a bungalow house (unnumbered) on Oyegbemi Street, behind Celestial Church, Ijora Oloye, Apapa, Lagos within the jurisdiction of this Honourable Court did knowingly conceal information about acts of terrorism by keeping in your possession and hiding explosive substances, to wit: (a) three (3) packs of explosive

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construction pipes; (b) fifteen (15) detonators; (c) eleven (11) AK-47 rifle magazines loaded with 30 rounds of live ammunitions each; (d) two hundred (200) rounds of 7.62mm live ammunitions; (e) one (1) AK-47 rifle; (t) two AK-47 rifle magazines with 3 rounds of live ammunitions each; (g) two (2) suit cases containing explosives; (h) one (1) water container containing explosives; (i) one (1) bag containing explosives; (j) fourteen (14) explosive canisters; (k) one (1) tin of chemical; (l) one (1) plastic drum containing explosives; (m) one (1) HP Laptop; (n) five (5) Nokia handsets and (o) one (1) red Volkswagen Golf Car, with Registration Number, SMK 427 AZ (Lagos), meant to transport the explosives and other items to the place or places of terrorism and thereby committed an offence contrary to Section 8(1) of the same Act.