Mohammed Auwal & Ors. V. The Federal Republic Of Nigeria (2013)

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, delivered by Hon. Justice A. L. ALLAGOA on 16th December, 2010, in suit No. FHC/34C/2010. The appellants were arraigned before the Federal High court (hereinafter referred to as the lower court) for alleged commission of offence under section 518(5) of the Criminal Code Act, Cap C38 LFN, 2004; sections 5(1) and 27(1) of the Firearms Act Cap F28 LFN, 2004 and Section 15(2) of the Economic and Financial crimes commission Act, 2004. They were found guilty, convicted and sentenced to various terms of imprisonment by the lower court.

Dissatisfied with their conviction and sentences, each of them appealed to this court. An Amended Notice and Grounds of Appear was filed separately by each of them. I think, it is apposite, at this juncture, to set out the background facts of events that gave rise to the arrest, arraignment and trial of the appellants before the lower court before consideration of the grounds of appeal, and the issues distilled therefrom for the determination of the appeal.

Sometime in March, 2010, there was communal disturbances in some parts of Plateau State, particularly around Kadunu Village in Mangu Local Government Area. During the crises, there were massive destruction of lives and properties in the area. The special Task Force set up by the Federal Government of Nigeria to restore law and order was alerted, and with dispatch went to the scene of the disturbances. In course of restoring law and order, the Task Force seized various kinds of ammunitions that were used by the rioters, such as guns, arrows and bows etc.

The appellants were seen within the vicinity of the disturbances and were promptly arrested, They, however, claimed that they were victims of the disturbances and were in the process of escaping when they were arrested by the members of the Special Task Force. After investigation of the disturbances’ the appellants were arraigned and tried before the lower Court. They were found guilty, convicted and sentenced to various terms of imprisonment. Dissatisfied with their conviction and sentences, they appealed to this Court. With leave of court, an Amended Notice and grounds of appeal was filed by each of them. There is one original ground and seven (7) additional grounds of appeals. Without their particulars, the original and additional grounds of appeal are as follows in respect of each of the appellants.

ORIGINAL GROUND

The decision is against the evidence before the Court.

ADDITIONAL GROUNDS

(1) The learned trial judge erred in law when he believed and placed reliance on the materially contradictory evidence of PW1 – PW5 to convict and sentence the appellants which error has occasioned a miscarriage of justice.

GROUND TWO

The learned trial judge erred in law when he found that sometimes in January 2010, in Jos and environs in Plateau State crisis erupted culminating in attacks and counter-attacks between Berom, and Fulanis and on the 8/3/2010 during the crisis houses were burnt in Dogo Na Hawa, people were maimed and some killed as a result of the attack on them and the accused around that time were seen together around with dangerous weapons which error has occasioned a miscarriage of justice.

GROUND THREE

The learned trial judge erred in law when he convicted and sentenced the appellants who were not public officers for an offence under Section 15(1) and (2) of the ETCC Act having found that in the accused knew of an impending attack by the Berom particularly they were almost immediately attacked” which error has occasioned a miscarriage of justice.

GROUND FOUR