By Martins Abochol – Taraba
The Taraba State High Court sitting in Jalingo on Tuesday convicted Mr Festus Edward of Jauroyinu in Ardo Kola local government area to a jail term of two and a half years with an option of N250,000 fine.
Delivering judgment in a criminal case No. TRSJ/2C/2022, Justice Joel Agya, Chief Judge of the State and the Presiding Judge of Court 1 of the state High Court said that Edward was convicted for theft and criminal conspiracy.
Agya recalled that the case between Taraba State Versus Festus Edward, Ibrahim Malam-Gaji, Abdurahaman Ahmed and Yahaya Adamu was brought to the court on Jan. 15, 2022.
He said that the four accused persons were charged with theft, criminal conspiracy and mischief for vandalism of some parts of the Danbaba Suntai Airport Jalingo, as well as stealing 15 iron poles and attempting to convey them in a Mitsubishi Van.
He said that the four accused persons who were arrested by the police on Oct. 30, 2021, also caused vandalism of 20 pieces of airfield lightning cables meant for the runway, with a length of 4000m valued at N61 million, all property of the Taraba State government.
Agya held that the earlier extrajudicial confession by Edward to the police was willingly and unequivocal that the removal of iron poles from Danbaba Suntai Airport Jalingo was planned and executed between him and two of his accomplices.
He said that the convict was culpable of Criminal Conspiracy.
He said that the conviction was in accordance with Section 195 (22) of the Evidence Act 2011 as amended and Sections 97 (2), 327, and 287 of the Penal Code Laws of Taraba.
The chief judge, while discharging and acquitting the second, third and fourth defendants, held that they were victims of circumstances as the prosecution counsel failed to establish theft and criminal conspiracy against them.
According to him, the prosecution Counsel couldn’t prove beyond a reasonable doubt the case of criminal conspiracy and theft against the second, third and fourth defendants.
He, however, held that the determination of conviction on the first defendant was built on three ingredients: voluntary confession, substantial evidence and evidence of the eyewitness.
He said that the first defendant had confessed to his agreement with one Luka Peter and Monday Frances, who were both at large, to steal the iron poles.
Agya also said that the Police and the Airport Manager who arrested the first defendant presented the 15 iron poles as evidence to the court.
He added that the same witnesses testified to arresting the first defendant in his attempt to move the items out of their custody.
He, however, stated that in his consideration of the earlier plea by the Counsel to the first defendant for tempering justice with mercy, he therefore sentenced the first defendant to two counts of Criminal Conspiracy for six months and Theft for two years.
Counsel to Second, Third and Fourth defendants, Bilyaminu Bakoji Esq, commended the Chief Judge for his explicit job.
He, however, pleaded for clemency on the first defendant, whom he said was a first offender and a breadwinner to his family.
Mustapha Adam Esq, Deputy Director, Citizens’ Rights and a member of the prosecution counsel, commended the Chief Judge, saying that the judgment was worthwhile.
