Silas Sule Mohammed Vs The State (2014)

LAWGLOBAL HUB Lead Judgment Report

JOHN AFOLABI FABIYI, J.S.C.

This an appeal against the judgment of the Court of Appeal, Ilorin Division (the court below) delivered on 25th January, 2011. Therein, the judgment of Orilonise, J of the trial High Court of Justice, Ilorin Division, Kwara State of Nigeria, delivered on 14th December, 2006 was affirmed.

The appellant and the 2nd Accused person (Rashidi Lasisi) were arraigned at the trial court on two counts of armed robbery contrary to section 1 of Robbery and Fire Arms (Special Provisions) Act, Cap. 398 Laws of the Federation of Nigeria and culpable homicide punishable with death for causing the death of one Obioma Nwokocha contrary to section 221 of the penal Code respectively. The two counts were read and explained to the appellant and the co-accused. They both pleaded not guilty. The trial court garnered evidence and was duly addressed by learned counsel on both sides. The learned trial judge applied the law to the evidence adduced to the best of his ability and thereafter convicted both of them for the lesser offences of robbery and culpable homicide not punishable with death.

The appellant felt unhappy with the judgment of the learned trial judge and appealed to the court below which heard the appeal and dismissed same on 25th January, 2011.

It is apt to depict the facts of the matter leading to this appeal at a reasonable length as captured mainly in the respondent’s brief of argument. Between the 9th and the early hours of 10th day of October, 2003, Rockfield petrol station along Fate Road, Ilorin was burgled by robbers.

One of the two night guards in charge of the petrol station by name Obioma Nwokocha was found dead with his hands and legs tied up and injury on his head in the morning of 10th October, 2003. The whereabout of the second guard – the appellant herein, was not known at that material time.

The Managing Director of the Petrol Station – PW3 reported the incident at ‘E’ Division Police Station, Kulende, Ilorin in the morning of 10th October, 2003.

P.W.3 led Police Officers which included P.W.2 from ‘E’ Division to the scene of incident where the death of the night guard was confirmed. The search for the whereabout of the other guard was initiated. P.W.3 did not meet the 2nd guard at the ‘E’ Division police station contrary to the appellant’s defence that when they were attacked by robbers, he ran to the same ‘E’ Division police Station to make a report of the robbery incident but he was detained by the Police.

The search for the appellant continued. Kuta Guard Limited, the employer of the two night guards was contacted. The company according to P.W.1 did not know the whereabout of the appellant. It obliged the Police with his enlarged photograph for him to be identified if found.

The 2nd accused at the trial court was arrested on 20th October, 2003 sequel to a report of house breaking at the same ‘E’ Division, police Station, Kulende, Ilorin by P.W.4. The 2nd accused during interrogation confessed to be operating a syndicate. He named the appellant as a co-syndicate member with whom he jointly operated and who was away to Ajase-Ipo, Kwara State at the material time to dispose off the proceeds realized during a recent robbery operation at Rockfield Petrol Station, along Fate Road, Ilorin where a night guard was killed.

The 2nd accused volunteered a statement in respect of same. The Statement was admitted as Exhibit 4 after a trial-within-trial proceeding was conducted. The 2nd accused person led the police to Ajase-Ipo in search of the other syndicate member. At the material time, the appellant was apprehended and in custody of Ajase-Ipo Police Station for another offence. The 2nd accused identified the appellant from among other five accused persons in Police custody at Ajase-Ipo. The appellant did not deny the allegation of his involvement in the robbery incident at Rockfield petrol station. On their way back to Ilorin, the appellant and the 2nd accused were passing the buck for the unexpected death of the other night guard at Rockfield Petrol Station.

The appellant and the 2nd accused later volunteered confessional statements which were admitted as Exhibits 3 and 5 after a trial-within-trial proceedings. After their arrest, the managements of both Kuta Guards Limited and Rockfield petrol station identified the appellant as the other night guard attached to the petrol station and whose whereabout was not known after the robbery incident. At the point of their arrest, neither of them raised the defence of alibi nor denied the commission of the offence. Both the appellant and 2nd accused person put up the defence of alibi for the first time during their defence at trial.

The prosecution called four witnesses and tendered five exhibits. Each of the two accused persons testified. Their defences contradicted voluntary statements earlier made by them. The learned trial judge did not believe their evidence. In a considered judgment, the trial judge found the appellant and the 2nd accused guilty of lesser offences of robbery simpliciter contrary to section 1 (1) of robbery and Fire Arms (Special Provisions) Act and culpable homicide not punishable with death contrary to section 224 of the Penal Code. The appellant and the 2nd accused person were accordingly sentenced.

The appellant felt unhappy with the stance of the trial court and appealed to the court below. Four grounds of appeal accompanied the Notice of Appeal. The court below delivered its judgment on 25th February, 2011. The appeal of the appellant was found unmeritorious and consequently dismissed.