Simon Dantur V. The Federal Republic Of Nigeria (2014)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

TIJJANI ABDULLAHI, J.C.A.: (Delivering the Leading Judgment)

This is an appeal against the judgment of the Federal High Court, Jos, delivered by Allagoa (J) on the 30th June, 2011 wherein the Appellant was convicted and sentenced to seven years imprisonment for terrorist acts contrary to and punishable under Section 15(2) of the EFCC Act, 2004.

The Appellant and two others, namely Joseph Gyang and Olarewaju Essan(males) were arraigned before the Federal High Court, Jos(herein after referred to as the lower Court) on a two count charge as follows:

COUNT ONE

“That you Joseph ‘M’ Olarewaju Essan ‘M’ and Simon Dantur ‘M’ all of no definite address in Congo Russia Area of Jos, Plateau State within the jurisdiction of this Honourable Court, on or about the 19th day of January, 2010 did conspire amongst yourselves and agreed to do or cause to be done an illegal act to wit: Terrorist Acts within the territory of the Federal Republic of Nigeria and thereby committed an offence contrary to and punishable under SECTION 518 OF THE CRIMINAL CODE ACT, CAP C38 L.F.N. 2004.

COUNT TWO

That you Joseph Gyang ‘M’, Olarewaju Essan ‘M’ and Simon Dantur ‘M’ all of no definite address in Congo Russia Area of Jos Plateau State within the jurisdiction of this Honourable Court, on or about the 19th day of January, 2010, did commit several terrorists acts to wit: While armed with fire arms and other dangerous weapons, you intimidated, put in fear innocent citizens who are resident in Jos and environs, causing the death of several persons, serious injuries to several others and damage to public and private properties and natural resources, and you thereby committed an offence contrary to and punishable under SECTION 15(2) OF THE EFCC ACT, 2004.”

As can be gleaned from the Records of the lower Court, the plea of the Accused persons including the Appellant was taken on the 5th day of February, 2010 without any objection by the defence Counsel either on the jurisdiction of the lower Court or as regards to the age of any of the accused persons. They all pleaded not guilty after the two counts charge were read and explained to them in Hausa language. The case was then adjourned to 30th March, 2010 for trial.

The case proceeded to hearing and in proof of their case, the prosecution called 3 witnesses and tendered 11 Exhibits. The defence for their part, called four witnesses and closed their case without tendering any exhibit.

In a reserved judgment delivered by the learned trial Judge on the 30/6/2011, he discharged and acquitted all the three accused persons on the 1st count and convicted the 3rd Accused/Appellant on the 3rd Count wherein he held thus:

“In the circumstance the evidence of the 3rd Accused person corroborates that of the PW2 regarding the circumstances of his arrest.

There is nothing to support his claim that he was on his way to collect money from his uncle for feeding. Especially considering the fact that there was curfew in town and riot everywhere, he could not have been at the scene for any other than to participate in the riot.

The prosecution has therefore proved the case against the 3rd Accused person as charge beyond reasonable doubt and he is therefore convicted accordingly.”

After allocutus on behalf of the convict, the learned trial judge held thus: