The Purpose of Section 15(1) of The Terrorism (Prevention) (Amendment) Act, 2013

CASE TITLE: SHEHU v. FRN (2024) LPELR-61662(CA)

JUDGMENT DATE: 6TH FEBRUARY, 2024

PRACTICE AREA: CRIMINAL LAW AND PROCEDURE

LEAD JUDGMENT: OLABODE ABIMBOLA ADEGBEHINGBE, J.C.A.

SUMMARY OF JUDGMENT:

INTRODUCTION:

This appeal borders on Criminal law and Procedure.

FACTS:

This appeal emanated from judgment of the Federal High Court, sitting in Bauchi.

The appellant was arraigned before that Court. He pleaded not guilty to the three (3) counts laid before that Court. The first was that of conspiracy to commit a felony punishable under Section 516A(1) of the Criminal Code Act, CAP. C38. Laws of the Federation of Nigeria, 2004. The second and third counts were for the. offence of taking hostages and receipt of ransom, contrary to Section 15(1) of the Terrorism (Prevention) (Amendment) Act, 2013.

​The case of the respondent against the appellant was that the appellant, caused the arrest and detention of persons named in the charge, demanded and received payments of money before he released them. The appellant denied the accusation and denied knowing the persons identified as his detainees.

At the end of the trial, the Court convicted the appellant on each of the three counts and consequently sentenced him to a concurrent term of fifteen (15) years in respect of each of the three (3) counts, with effect from May 12, 2020.

Aggrieved by the decision, the appellant filed this appeal.

ISSUE(S) FOR DETERMINATION:

The appeal was determined on the following issues, viz:

• “Having regard to the unsigned charge sheet, whether the trial Court had the requisite jurisdiction to have entertained the case.
• Having regard to the inadmissible nature of exhibits P4 and P5, whether the trial Court was wrong to have relied on them in convicting the appellant.
• Whether the failure of the trial Court to properly evaluate the evidence of the parties before arriving at its conclusion has occasioned a miscarriage of justice against the appellant.
• Whether the respondent proved its case beyond reasonable doubt to secure conviction against the appellant.”

DECISION/HELD:

In the final analysis, the appeal succeeded in part to the effect that, the conviction and sentence of the appellant in regard of Count 2 was set aside. The appellant was therefore discharged and acquitted on that count.

However, the conviction and sentence of the appellant in respect of Count 1 and Count 3 in the charge was affirmed.

RATIOS:

• EVIDENCE – BURDEN OF PROOF/STANDARD OF PROOF – Burden of proof on the existence of circumstances bringing a case within any exception or qualification to the operation of the law creating an offence and standard for discharging same
• CRIMINAL LAW AND PROCEDURE – DOUBT – Whether doubt in a criminal trial must be resolved in favour of the accused
• CRIMINAL LAW AND PROCEDURE – CHARGE(S) – Position of the law as regards defect in a charge
• EVIDENCE – TRIAL WITHIN TRIAL – Effect of failure to appeal against the ruling delivered in a trial within trial
• EVIDENCE – CONFESSIONAL STATEMENT – Position of the law on objection to confessional statement on grounds of language/interpreter
• EVIDENCE – WITHHOLDING EVIDENCE – Instance where the presumption of withholding evidence will not apply
• INTERPRETATION OF STATUTE – “MAY” – Whether the word “may” as used in Section 17(2) of the Administration of Criminal Justice Act, 2015 as regards the taking and recording of a confessional statement is permissive or mandatory
• EVIDENCE – PRESUMPTION OF CORRECTNESS – Presumption of correctness in favour of judgment of Court; Duty on a party contending otherwise
• CRIMINAL LAW AND PROCEDURE – OFFENCE OF TERRORISM – Statutory provision as regards seizing, detaining/attempting to detain another person under Section 15(1) of the Terrorism (Prevention) (Amendment) Act, 2013
• EVIDENCE – CONFESSIONAL STATEMENT – Conditions a confessional statement must meet in order to be relied on by trial Courts
• CRIMINAL LAW AND PROCEDURE – OFFENCE OF CONSPIRACY – Nature of the offence of conspiracy; how conspiracy is established/inferred
• CRIMINAL LAW AND PROCEDURE – GUILT OF AN ACCUSED PERSON – How to establish/prove the guilt of an accused person

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