Land Tussle: Kaduna Court Sends Three Traditional Rulers, Thirteen Others To Prison

Kaduna Chief Magistrate has convicted three traditional rulers and other thirteen person to prison over criminal conspiracy, trespass and  intimidation.

The traditional rulers involved  are:  Sarkin Mahuta Mahmuda Samaila, two Ward Heads,  Wada Masaba and Inuwa Haladu, all residents of  Mahuta Community in Kaduna State .

It would recalled that the said accused and six complainants have been on trial for about two years over sale of  120 plot of lands  situated at Mahuta community an outskirts in Kaduna state.

The presiding Judge,  Justice Murtala  Zubairu in his judgment with suit No: KMD/30359/2014 though said  that the accused persons pleaded not guilty to the charges against them, he  accordingly convicted  all the accused persons for the offences of criminal conspiracy, which said are “contrary to Section 96 and punishable under Section 97 of the Penal Code.”

Reading his judgement ,he said , “Criminal Conspiracy is contrary to Section 96 and punishable under Section 97 of the Penal Code, while  Criminal trespass, is contrary to Section 342 and punishable under Section 348 of the Penal Code. And the  case of Criminal  Intimidation, is contrary to Section 396 and punishable under Section 397 of the Penal Code.

“The maximum punishment for these offences are as contained under theabove provisions of the penal code and  the court could however, sentence the convicts to any lesser term or to a fine or both.”

Justice Zubairu  however ,sentenced all the convicts to 4 months imprisonment for the offence  on criminal conspiracy or they pay a fine of N 5,000.00 each.

On the case of criminal trespass,   all the convicts were sentenced  to eight months imprisonment or to pay a fine of N 15,000.00 each ,while on criminal intimidation, they were all  sentenced to twelve months imprisonment or they pay a fine of N30,000.00 each.

“Before I pass my sentence on the convicts, I shall first of all hear the convicts as whatever plea they may have to make and as well as the prosecution as to whether there is any record of provision conviction against them”.

He also said  the maximum punishment of the offence of criminal conspiracy is imprisonment for term not exceeding six months or with a fine of both.

The magistrate further explained that the maximum for criminal trespass is imprisonment for a term which may extend to one year or with fine or with both .While for  that of intimidation,  is imprisonment for a term which may extend to two years or with fine or with both having taken the option under paragraph A considering the nature and circumstances of the fact elicited before me.

The Magistrate then asked  the Prosecution counsel to Complainants Barrister the Counsel to the  Barrister  Mohammed Tajudeen, if there  was any record of provision conviction? And Barrister Mohammed replied thus; ” To the best of our knowledge the convicts have no record of previous conviction.”

Meanwhile, the Counsel to the accused Barrister Egustina  Joshua urged the court to consider  the convicts are first offenders and are responsible citizens, who  are family men.

Haven listened to the counsels , the Magistrate said, ” I have carefully listen to and considered  the plea by the counsel and the fact that’s that the convicts have no record of conviction, adding that it is also true that the convicts have no previous record conviction.”

Justice Zubairu  stated,” the factors to be considered in passing sentence have been formulated by the court of Appeal in the unreported case of Ogiri verses the State in suit No FCA/ K/ 2/78 delivered on 26 /10/ 1978.”

He added,  ” In passing my sentence on the convicts, I must also consider public interest, the act of the convicts and the nature of the offences, pointing out that I cannot close my eyes to that, they

 have to be punish for their acts.”

According to him, ” I accordingly hereby sentenced all the convicts to four months imprisonment for the offence of criminal conspiracy or they pay a fine of N 5,000.00 each, while for the offence of criminal.

He further stated on Criminal  trespass,” I also sentenced all the convicts to eight months imprisonment or to pay a fine of N 15,000.00 each while on criminal intimidation, ” I also sentenced all the convicts to twelve months imprisonment or they pay a fine of N 30,000.00 each.”

Justice Murtala then said that the sentence shall run consecutively also said, any one not satisfied has a right of appeal.