Golit V. Igp (2020)

LAWGLOBAL HUB Lead Judgment Report

AMIRU SANUSI, J.S.C.

This appeal emanates from the judgment of Court of Appeal, Abuja division (the lower Court) delivered on 28th January, 2018 which affirmed the judgment of the Court of first instance, the High Court of Justice Lokoja, Kogi State (the trial Court) delivered on 27th October, 2017.

The facts giving rise to this appeal are summarised below:

The appellant and two other persons were arraigned before the trial Court on a 21 count charge. At the close of the case of the prosecution, the appellant and the two other co-accused persons made a No Case Submission whereby the trial Court upheld the No Case Submission in respect of counts Nos. 2 to 21 of the amended charge, for failure on the part of the prosecution to adduce prima facie evidence to prove those offences. The trial Court however ordered the appellant and other co-accused persons to enter their defences on the first count of the amended charge which they proceeded to do. At the conclusion of the trial, the learned trial Judge discharged the 1st and 2nd accused persons but convicted the present appellant of the offence of conspiracy and

1

sentenced him to one year imprisonment.

Dissatisfied with the conviction and sentence, by the trial Court, the appellant appealed to the Court of Appeal (i.e. the lower Court) albeit unsuccessfully as his appeal was dismissed. Further aggrieved by the judgment of the lower Court, the appellant further appealed to this Court.

In keeping with the rules and practice obtained in this apex Court, the learned counsel to the parties filed and exchanged briefs of argument. The appellant’s brief of argument which was settled by one Sylva Ogwemen SAN, was filed on 7th May, 2018. In the said brief of argument, six issues were proposed for determination by this Court which are reproduced hereunder-

1. Was the Court of Appeal right when it affirmed the conviction and sentence of the appellant on Count one (1) of the Amended Charge when the elements of agreement, mobilization and instigation introduced into the count of charge by the respondent were held not to have been proved by the trial Court? (Grounds 2, 4, 10 and 11 of the appellant’s notice of appeal).
2. Was the Court of Appeal right when it affirmed the conviction and sentence of the

2

appellant on Count one (1) of the Amended Charge when in fact no offence known to law was disclosed in the said Count one (1) of the Amended Charge? (Grounds 1 and 7 of the Appellant’s Notice of Appeal.)

3. Did the Court of Appeal not deny the appellant of his fundamental right to fair hearing when the Appellant’s Reply brief dated and filed on 26th February, 2018 which answered all the issues raised by the respondent in the Respondent’s brief of argument was not considered by the Court of Appeal in its Judgment of 28th March, 2018? (Grounds 3 and 12 of the Appellant’s Notice of Appeal).
4. Was the Court of Appeal right when it affirmed the conviction and sentence of the Appellant to One (1) year imprisonment on the ground that Section 97 (1) of the Penal Code applies to the case of the appellant? (Ground 6 of the Appellant’s Notice of Appeal).
5. Was the Court of Appeal right when it affirmed the conviction and sentence of the appellant on the ground that the Appellant was part of the conspiracy when the evidence of the respondent before the Court was contradictory and when the evidence of the Appellant was not

3

challenged under cross-examination in anyway or manner whatsoever? (Grounds 5 and 8 of the Appellant’s notice of appeal)

6. Did the High Court of Kogi State possess the jurisdiction to determine the Criminal Charge in Charge No: HCL/65C/2015 without any element of the alleged offence as charged occurring in Kogi State? (Ground 9 of the Appellant’s Notice of Appeal.)

On the other hand, the learned counsel for the respondent filed the respondent’s brief on 11/6/2018, wherein he formulated dual issues for determination which read as follows:-

A. Whether the circumstances of this, the lower Court is not right to have affirmed the conviction of the appellant by the trial Court notwithstanding elements of agreement, mobilization and instigation into count one (1) of the charge against the appellant?