The State V. Emmanuel Gbahabo & Ors (2019)

LAWGLOBAL HUB Lead Judgment Report

MUSA DATTIJO MUHAMMAD, J.S.C.

This is an appeal against the judgment of the Court of Appeal, Ilorin Division, hereinafter referred to as the lower Court, delivered on the 13th day of June 2013, setting aside the judgment of the Kwara State High Court, hereinafter referred to as the trial Court, in suit No. KWS/15C/2008, delivered on the 18th day of July 2008, convicting the respondents for the offence of conspiracy to commit armed robbery and armed robbery contrary to Sections 1 (2) and 6 (b) of the Robbery and Fire arms (Special Provisions) Act CAP R11 Law of the Federation of Nigeria 2004.

At the trial Court, the prosecution tendered one locally made gun, two life cartridges and the statements of the accused persons as exhibits.

Each of the respondents testified for himself.

At the end of the trial, the three respondents along with one James Gwangwan were convicted as charged and sentenced to 14 years imprisonment each. James Gwangwan has had his conviction and sentence set aside by the lower Court in Appeal No. CA/IL/C76/2008 in the Court’s decision delivered on 26th January 2011. The

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judgment has been affirmed by this Court on 3rd July 2015 in Appeal No. SC. 504/2012. Respondents’ appeal against their conviction and sentence by the trial Court was similarly upheld by the lower Court in appeal No. CA/IL/C6/2010 leading to their discharge and acquittal.

The instant appeal against their discharge and acquittal is pursuant to the notice of appeal dated and filed on the 9th July 2013.

Parties having earlier filed and exchanged their briefs adopted same at the hearing as their arguments for the determination of the appeal. The two issues proffered at paragraph 3.0 of the appellant’s brief, the resolution of which shall determine the appeal, read:-

“ISSUE NUMBER ONE (1):

Whether the Court Below was right to have set aside the decision of the Learned trial that the prosecution has established the offence of conspiracy to commit armed robbery contrary to the provisions of Section 6 (b) of the Robbery and Firearms (Special provisions) Act, Cap R 11 Laws of Federation of Nigeria 2004 against the Respondents.

(The issue was distilled from Grounds 1 and 2 of the Grounds of Appeal).

ISSUE NUMBER TWO (2):

Whether the