The Supreme Court on Friday set free a Lebanese, Talal Roda, who was sentenced to life imprisonment by a Federal High Court, Abuja for conspiracy and illegal storage of firearms.
Roda was the only one convicted among the three Lebanese accused of being members of Hezbollah terrorist group and of illegal storage of firearms in Kano and Abuja in 2013.
The others were owner of the popular Amigo Supermarket and Wonderland Amusement Park in Abuja, Mustapha Fawaz, and his in-law, Abdallah Thahini.
The Supreme Court, in a unanimous decision on Friday set aside the judgments of the Federal High Court and the Court of Appeal in Abuja which affirmed the conviction passed on Roda by the trial court.
In its decision, the apex court held that the trial court wrongly assumed jurisdiction over the case as he ought to have been tried before a Federal High Court in Kano, where he was said to have been arrested with the cache of weapon.
Justice Musa Dattijo Mohammed, who read the lead judgment, also quashed the sentence on the grounds that he was convicted on charges that were non-existent in law.
The apex court ruled, “I entirely agree with the appellant’s counsel that, although the Federal High Court’s jurisdiction covers the whole federation, its criminal jurisdiction, by virtue of Section 45(A) of the Federal High Court Act remains ordinarily exerciseable by the court in the division within which the offence was committed.”'
He held that as provided under Section 22 of the FHC Act, a court outside where the offence was committed could only assume jurisdiction where the case was transferred from a court in the division where the offence was committed.
Justice Mohammed held, “In the case at hand, all available materials – the charge and the evidence preferred – all of which the trial court rightly considered in determining the objection against its competence situate by the appellant and his co-accused at Number 3 Gaiya Road, Kano, where the firearms unlawfully stored were recovered.
“There is nothing in evidence beyond what the charge asserts of any understanding between the appellant and the others to store the firearms at the premises.
“Aside from the appellant’s physical presence at the premises, there is not the slightest piece of evidence, not even in exhibit three (appellant’s extra-judicial statement) to show that he agreed with the co-accused to store the firearms or that he is further linked with the storage of the firearms in Abuja.
“In my considered view, the decision of the Abuja division of the trial court to try an offence which took place in Kano and bears no relationship whatsoever with the offence in Abuja, having not stem from any provision of its enabling statute, is manifestly perverse.
“By virtue of Section 45(A) of the FHC Act and a similar provision contained in Section 64 of the CPA, the appellant could only be tried by the Kano division of the trial court, within which territorial expanse, the offence was committed.”
In holding that the appellant’s argument that he was convicted on charges not provided for in law, the court held, “The offence of conspiracy in the 9th count of the amended charge is not recognisable under Section 1(14)(A)(1) of the Miscellaneous Offences Act. And appellant’s conviction thereunder, should have been quashed.
“It is trite that where the prosecution fails to charge an accused person for an offence known to law, an appeal against conviction under the incompetent charge will succeed.
“For all the foregoing reasons, the proceedings of the lower court and that of the trial court it purports to affirm are hereby set aside. The conviction and sentencing of the appellant are consequently set aside.”
The Federal Government had on July 29, 2013 arraigned the three men and Fawaz’s companies on 16 counts of terrorism before Justice Adeniyi Ademola of the Federal High Court, Abuja.
While Roda was convicted on counts 8 and 9 relating to conspiracy, Fawaz, his companies and Thahini were acquitted on all the counts.
Justice Ademola held that the prosecution failed to prove beyond reasonable doubts that those freed are terrorists.
The judge further held that the prosecution failed by the evidence brought before the court to establish a case of terrorism against the accused persons.
Dissatisfied with his conviction, Roda went before the Court of Appeal in Abuja. The court upheld the trial court’s jurisdiction to conduct the trial, prompting the appellant to approach the Supreme Court in an appeal filed last year. Click to signup for FREE news updates, latest information and hottest gists everyday
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