Bello is also a witness in the ongoing trial of Joseph Amaechi and 13 others, in a case of illicit oil bunkering before an Abuja high court.
He used the data extracted from the suspects’ phones and demonstrated to the satisfaction of the court that the accused were deeply involved in the stealing of a large quantity of oil last month.
Led in evidence by counsel to EFCC, Austin Emumejakpor, Bello told the court that he conducted an examination by using a computer running on Microsoft operating system, with a forensic extraction device commonly used by law enforcement agencies, to harvest information from mobile devices.
In his ruling, Justice Evoh Chukwu stated that a certified true copy of any document is admissible in evidence and accordingly admitted same as exhibit.
He adjourned the case to June 24 for further hearing.
Bello told the court that the device has an in-built mechanism that protects the integrity of the data extracted and automatically transferred to a computer.
However, the defence counsel, Rotimi Ojo, contested the admissibility of the document, which the prosecution sought to tender as exhibit on the grounds that the document was fake.
Emumejakpor urged the court to discountenance the objection, as the document had been duly certified in line with the provisions of the law.
_________________________________________________________________________________________
Appeal Court upholds death sentence for bus driver
ABUJA — The Appeal Court in Port Harcourt has upheld the ruling of Rivers State High Court which sentenced a bus driver, Emeka Mbachu, to death for killing Clifford Azubuike, a special marshal of Federal Road Safety Corps, FRSC.Azubuike was killed while on patrol on November 3, 1995, at the 1st Artillery Junction, along Aba-Port Harcourt highway in Rivers State.
The driver, Mbachu, was consequently sentenced to death by the Rivers State High Court on July 15, 1999.
Justice E Eko, JCA, in his lead judgement, dismissed the appeal filed by Emeka Mbachu against his earlier conviction and sentenced him to death.
Justice Eko stated: “On the whole, there is no substance in the appeal. In my candid view, the appeal deserves to be, and it is, hereby, dismissed in its entirety.
“The conviction and sentence of the Appellant in the charge No.PHC/3C/96 for murder punishable with death on July 15, 1999 are hereby affirmed.”
Similarly, the other two Justices in the panel, namely Justice C.E Nwosu-Iheme, JCA, and Justice Stephen Jonah Adah, JCA, concurred in entirety with the reasoning and conclusion of the lead judgment.
FRSC spokesperson, Mr. Jonas Agwu, recalled in a statement: “On November 3, 1995, at the 1st Artillery Junction, along Aba/Port Harcourt, Highway, Port Harcourt, one Clifford Azubuike (hereinafter called “the deceased”) was on a routine traffic control duty.
“The deceased was checking vehicles and controlling the busy traffic along with other Special Marshals. The bus driver, Emeka Mbachu drove his blue bus from Oyigbo (Aba) end of the highway to where the Special Marshals were”.
“The deceased with other special marshals controlling the traffic at the road junction, noticed that the vehicle, driven by the bus driver, Emeka Mbachu, had only one headlamp.
“The deceased, who was about to book the bus driver, drew his attention to the defective headlamp. As the deceased was examining the head lamp, the bus driver moved the vehicle and knocked down the deceased.
“The bus driver immediately sped off and dragged the deceased on the road for some distance and eventually ran over the deceased who later died on the spot.
“A criminal proceeding (Suit No: PHC/3C/96) proffering charge of murder against the bus driver was instituted at the Rivers State High Court. At the end of the prosecution, the trial court on the 15th of July, 1999, after evaluating the evidence of the prosecution, convicted and sentenced the bus driver, Emeka Mbachu to death.
“Thereafter, the bus driver instituted an appeal (Appeal No. CA /PH/243/2004) at Court of Appeal, Port Harcourt against the final judgment of the trial court which convicted and sentenced him to death.
“The Counsel for the Appellant, Ayodeji Adedipe who appeared with Akinola Akinyanju and Miss I. Briggs appealed to Court of Appeal on only one issue, to wit: Having regard to the intrinsic and divergent evidence produced by the prosecution on the immediate facts of this case, was the charge of murder proved against the Appellant beyond reasonable doubt as required by law?
“The Appeal Court convicted and sentenced the bus driver, Mr Emeka Mbachu, precisely on May 17, 2013, as Hon. Justice E.Eko (JCA) in his lead judgment dismissed the appeal. The Hon. Justice stated that “On the whole, there is no substance in the appeal.
“In my candid view, the appeal deserves to be, and it is hereby dismissed in its entirety. The conviction and sentence of the Appellant in the charge No.PHC/3C/96 for murder punishable with death on 15th July, 1999 are hereby affirmed.” In the same line, the other two Justices in the panel namely Hon. Justice C.E Nwosu-Iheme, JCA, and Hon. Justice Stephen Jonah Adah, JCA, in entirety concurred with the reasoning and the conclusion of the lead judgment.
“The wages of sin is death. And he who kills must die as enshrined and provided for in Section 319 (1) Criminal Code CAP, LFN 1990 that any person who commits the offence of murder shall be sentenced to death.”
Reacting to the judgement, the Rivers State Sector Commander of the Federal Road Safety Corps, Dr. Kayode Olagunju, hailed the decision of the Appellate Court, and that he believes however long, justice will finally come as it had taken the State about fourteen years to get to this level.
He warned motorists and other road users who engageds in violent conducts while interacting with the men of the FRSC, when performing their legal duties, to have a rethink as the Corps will always ensure justice is secured to punish such illegal conducts. He stated that “the FRSC will always pursue legal means to bring the culprits to book.”
“Some drivers were also recently sent to Prisons by mobile courts in the state for assaulting marshals on duty or engaging in violent conducts against FRSC patrol men” .
“The saector commander also added that “The FRSC will continue to protect its men and resources in our task to evolve better and safer motoring environment in Nigeria.”
_____________________________________________________________________________________
VC, students trade blames on UNIUYO closure
UYO — Authorities of University of Uyo, Akwa Ibom State and students of the institution, have continued to trade blames over last week’s students protest that left some students dead, with scores of others sustaining injuries, while property worth millions of naira were destroyed.Vice Chancellor of the university, Professor Comfort Ekpo, has insisted that the school management cannot provide buses to transport the over 6,000 students from the town campus to the permanent site in Nwaniba, but the students alleged she has a commission and was profiteering from the transport arrangement on ground.
Ekpo who fielded questions from journalists, said it was inability of the management to cater for the transportation needs of the students that made it engage the services of some private transport companies, which charge N200 to take students to the permanent site and bring them to the main campus.
On their part, the students claimed that the transporter was yet to deliver the vehicles promised, when the VC asked for the upward review of the fares.
0 comments:
Post a Comment