The Taraba State High Court sitting in Jalingo on Tuesday convicted Festus Edward of Jauroyinu in Ardo Kola Local Government Area to a jail term of two and a half years with an option of a N250,000 fine.
Delivering judgment in a criminal case No. TRSJ/2C/2022, Justice Joel Agya, Chief Judge (C-J) of the State, said that Edward was convicted of 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 January 15, 2022.
He stated that the four accused persons were charged with theft, criminal conspiracy, and vandalism of certain parts of the Danbaba Suntai Airport in Jalingo, the theft of 15 iron poles, and attempting to convey the same in a Mitsubishi Van.
He stated that the four accused persons, who were arrested by the police on October 30, 2021, also caused the vandalism of 20 pieces of airfield lightning cables, each with a length of 4000m, valued at N61 million, meant for the airport runway.
The judge stated that the conviction was by Section 195(22) of the Evidence Act 2011, as amended, and Sections 97(2), 327, and 287 of the Penal Code Laws of Taraba.
While discharging and acquitting the second, third, and fourth defendants, Agya held that they were victims of circumstances as the prosecution counsel failed to establish theft and criminal conspiracy against them.
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 eyewitnesses.
The C-J said that the first defendant had confessed to having an agreement with 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, adding that the same witnesses testified to arresting the first defendant while attempting to move the items away.
The C-J, however, stated that in his consideration of the earlier plea by the Counsel to the first defendant for him to temper justice with mercy, he therefore sentenced the first defendant to two-count charges of Criminal Conspiracy for six months and theft for two years.
Counsel to Second, Third, and Fourth defendants, Bilyaminu Bakoji, commended the judgment.
Mustapha Adam, Deputy Director, Citizens’ Rights and a member of the prosecution Council, also commended the judgement, describing it as worthwhile.
