State V. Jimoh (2022)

LAWGLOBAL HUB Lead Judgment Report

HELEN MORONKEJI OGUNWUMIJU, J.S.C. 

This is an appeal against the decision of the Court of Appeal, Abuja Division delivered on 24th May, 2012 which upturned the decision of S. O. Otu, J. of the High Court of Kogi State sitting at Okene delivered on 13/11/2009.

The facts that led to this appeal are as follows, The Respondent was arraigned on a two-count charge of criminal conspiracy and Armed Robbery contrary to Sections 97 (1) and 298 (c) respectively of the Penal Code. The Prosecution called 3 witnesses and tendered Exhibit “A”. The Respondent testified and called only one witness.

At the end of the trial, Counsel addressed the Court and in a considered judgment, the learned trial judge convicted the Respondent and sentenced him to a term of 12 years imprisonment on 13/1/2009. The Respondent being dissatisfied with the decision of the trial Court appealed to the Court of Appeal; Abuja Division by a Notice of Appeal filed on 5/1/2010. The Counsel for the respective parties filed and exchanged briefs of argument.

​The Court of Appeal in its judgment of 24/5/2012 upturned the judgment of the trial Court and in its place entered a verdict of discharge and acquittal in favour of the Respondent. The Appellant being dissatisfied with the decision of the Court below has now appealed to this Court on three 3 grounds of appeal.

The facts adduced by the Prosecution in proof of its case is to the effect that PW1 and PW2 who were Police Officers were on their way from the old Police Barracks to the new Police Barracks at Okene when they were accosted by the Respondent and one other person (hereinafter called the accomplice). The accomplice snatched the handset of the PW2 and ordered the Respondent to show the witnesses what he had with him. The Respondent then opened his shirt and the witnesses saw a pump action gun in his possession. The accomplice also snatched the sum of N25,000.00 from the PW2. The PW2 later slapped the Respondent and the “pump action” gun fell from him. The PW1 then took the gun and hit the accomplice on the head and the accomplice fell down. The PW1 helped PW2 to overpower and subdue the Respondent. The accomplice who had been on the ground all these while stood up and bolted away. The Respondent who had been overpowered was arrested and taken to the Police Station.

The Respondent on the other hand stated on Oath that on the very day of the incident, he went to the bush to get some herbs on account of the fact that he was sick. While there in the bush some boys accosted and robbed him of N25,000. On his way back home through the Police Barracks, he encountered the Prosecution witnesses who alleged that he had robbed them. He denied being a robber and informed them that he too was also a victim of the robbery incident. The Prosecution witnesses slapped him, arrested him and took him to the Police Station at Okene. There the Respondent made Exhibit ‘A’ before his case was transferred to the Criminal Investigation Department at Lokoja.

​The trial Court held that the Respondent by his extra judicial statement Exhibit “A” already admitted that he was in possession of a gun and it was unbelievable that the robbers gave him the gun. The Court found that the Respondent’s boss who gave evidence as DW1 did not have any knowledge of what transpired at the time material to the case. Based on the evidence of PW1 and PW2, the Court held that their testimony showed how the Defendant with the accomplice conspired to commit the offence. The Respondent who had pretended to be sick had stayed back at work till 6.00pm in furtherance of the common and agreed criminal plan. The trial Court convicted the Respondent for the reasons given above. The Respondent being dissatisfied appealed to the Court below.

The Court of Appeal adopted the Respondent’s issues. The Court of Appeal held that PW1 did not include in his statement that his handset and N25,000.00 were stolen until at trial stage and that where a victim fails to state at the earliest opportunity to the Police vital information regarding the property stolen or the name of the assailant, the Court should be careful in accepting the story. The Court held further that there were contradictions in the story of the prosecution witnesses regarding how the money was stolen. The Court of Appeal expunged Exh. ‘A’ the statement of the Respondent and held that since the trial Court did not make a specific finding on whether or not the Respondent made Exh. ‘A,’ the exhibit was inadmissible in evidence. The Court below also held that the evidence of the two Prosecution witnesses was unreliable since they could not give account of the stolen items and the exhibits i.e. gun used to rob them.

Notice of appeal to the Supreme Court was filed on 22nd August, 2013 with two grounds of appeal. The issues distilled by both parties are similar. In my view, the sole issue for determination here is as follows:-

Whether upon a careful perusal of the totality of the evidence of the Prosecution, the Court below was right to have acquitted and discharged the Respondent.

In the Appellant’s brief settled by J. A. Akubo Esq., learned Counsel argued that since the Respondent admitted on oath that he was at the venue of the incident with someone who robbed him at the time of the incident and that he encountered PW1 and PW2, coupled with the fact that the evidence of both witnesses was not discredited during evaluation by the trial Court in its evaluation of the evidence before it.

Counsel cited Akeem Agboola v. The State (2013) 11 NWLR Pt. 1366 Pg. 619 at 641; Adeniyi Adekoya v. The State (2012) 9 NWLR Pt. 1306 Pg.539 at 582.

Counsel also contended that there are no substantial contradictions in the evidence of PW1 and PW2 to render same unreliable and unworthy of belief as the said examples of contradictions are minor, immaterial and inconsequential. Counsel submitted that only material contradictions would affect the case of the prosecution adversely. Counsel cited ISIBOR v. The State (2002) SCNJ 162 at 167; ENAHORO v THE STATE (1965) NSCC (Vol.4) Pg.98 at 113. Learned Appellant’s Counsel argued that the substance of the evidence against the Respondent to wit that he held a gun while his accomplice robbed PW2 of his money and handset is not in issue. The specific denomination of Naira notes carried by the victim is irrelevant. Counsel also submitted that the finding of the Court below that it had to expunge Exh. A from the evidence of the prosecution is perverse.