Plateau State High Court has dismissed a motion filed by the defense counsel in the ongoing prosecution of eight individuals accused of the 2020 kidnapping and murder of Pa Dariye Defwan (the father of former Plateau State Governor, Chief Senator Joshua Chibi Dariye).
The Team of Prosecutors ably led by the Attorney-General and Commissioner for Justice Plateau State, Philemon Daffi, Esq., has seen intense legal battles as the prosecution works to establish its case against Abubakar Mohammed (alias Buba), Ya’u Saidu (alias Ya’u Kabab), Jethro Ngusen, Dauda Isah, Sunday Elisha Ibrahim, Mangtu Shumwar, Henry Amos Dickbit, and Titus Ezekiel.
The accused persons are standing trial on charges of criminal conspiracy, kidnapping for ransom, and culpable homicide, offenses contrary to the Plateau State Penal Code of 2017.
Accordingly, the prosecution alleges that the accused persons conspired to abduct Pa Dariye Defwan, a 93-year-old man, in Horop Village, Mushere District, Bokkos Local Government Area, on June 17, 2020.
Following his abduction, the kidnappers demanded ransom from the family, and after negotiation, the family paid ₦10 million, which was delivered to the kidnappers at a forest in Shendam, near the Taraba State border.
However, despite receiving the ransom, the kidnappers killed Pa Dariye and buried him in a shallow grave in the Horop Hills of Bokkos LGA. His decaying body upon discovery was exhumed by doctors and identified by his family members.
Since the commencement of the trial, the prosecution has presented 11 witnesses to substantiate the charges against the accused persons.
During one of the court proceedings, the journalist from Channels Television, who was subpoenaed as the 11th prosecution witness, sought to tender a flash drive containing the video footage of the paraded suspects he covered on 17th September, 2021 at the Nigerian Police Force Headquarters in Abuja, the defense objected to the admissibility of the video evidence, prompting a considered ruling by the court, which admitted the flash drive as Exhibit.
As the prosecution sought to play the video in court, the defense, in a surprising move, orally applied for the presiding judge to recuse himself and have the case reassigned.
On December 16, 2024, the court ruled that the oral application lacked merit and following this ruling, the defense filed a formal motion on notice requesting the judge’s recusal, citing alleged bias.
The prosecution countered the motion, and the matter was adjourned to February 11, 2025, for hearing.
On March 17, 2025, after reviewing arguments from both sides, Justice Gedaliah D. Fwomyon dismissed the defense’s motion, ruling that it was an abuse of court process and that the court had already exercised its jurisdiction over the matter as it was functus officio. The dismissal of the motion means the case will proceed without a change of judge.
Joel Tahvan, Esq., Solicitor-General who led the Team of Prosecutors expressed their readiness for accelerated hearing and the matter was adjourned to 10th and 11th April, 2025 as special fixtures for the Prosecution to possibly close it case.
