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Taraba State High Court, Jalingo
By MARTINS ABOCHOL
Justice Joel Agya, Presiding Judge of Taraba State High Court No 1, sitting in Jalingo, on Friday, sentenced four persons to life imprisonment for attempted kidnapping.
Prosper Paul, Samuel David, Nosiu Buba and Samuel Kelvin, arraigned as 1st, 2nd, 3rd and 4th defendants, respectively, were charged with criminal conspiracy, attempted kidnapping and kidnapping.
Delivering Judgment, Agya said that Section 4 and 5 of the Taraba State Kidnapping and Abduction Prohibition Law of 2019, as amended, was explicit on such offences.
The judge sentenced Paul, the 1st defendant, to 12 months in jail without an option of fine on the charge of criminal conspiracy.
David, Buba and Kelvin, the 2nd, 3rd and 4th defendants respectively, who were cleared of the charge of criminal conspiracy, were however, sentenced to life in prison , having been found guilty of the crime of attempted kidnapping.
The judge recalled that the suspects were charged to court in November 2021 by the state government.
Agya said in the determination of the suit, the prosecution counsel earlier presented six witnesses in the effort to prove its case beyond any reasonable doubt in line with Section 97 (1) Law of Taraba State 1997 regarding Kidnapping and abduction.
He however, said that the defence counsel on the other hand, had prayed the court to discharge and acquit the accused due to the failure of the prosecution to prove the cases of criminal conspiracy, kidnapping and abduction beyond reasonable doubt.
He said that the defence counsel based its argument on Section 136 of the Evidence Act 2022, stating that there must exist a direct eye witness and confessional statements from all the witnesses in the determination of such suit.
He quoted the defence also as saying that the police must properly investigate cases, especially those that could attract bordered on capital punishment.
Agya noted that the defence had established that the Police had failed to carry out proper investigation into the matter.
Earlier, Mr. Mahanan Luka, of the Legal Aid Council and counsel to first defendant had pleaded for mercy for his client, saying he was a repentant criminal who was even leading one of the chaplaincy groups in the correctional centre.
Mr. Mustapha Adam, Deputy Director Citizen’s Rights, Ministry of Justice, commended the judge over what he described as a landmark judgement. (NAN)