Mohammed Aminu & Anor V. The State (2004)

LawGlobal-Hub Lead Judgment Report

GALADIMA, J.C.A.

This is an appeal by 1st and 2nd appellants against the ruling of Rhodes-Vivour, J. of the Lagos State High Court in charge No. LCD/1/2001 on 14th March, 2000.

The appellants were jointly charged and being tried on two count charge as follows;

Count 1:

Statement of offence:

Conspiracy contrary to section 324 of the Criminal Code Law, Cap.32, Vol. 2, Laws of Lagos State, 1994.

Particulars of Offence:

Aminu Mohammed (M) and Lateef Sofolahan (M) on or about the 14th day of January 1997 at Simpson Street, Lagos in the Lagos Judicial Division conspired with one another to commit a felony to wit: Attempted Murder

Count 2:

Statement of Offence:

Attempt to murder contrary to section 320 (2) of the Criminal Code, Cap.32, Vol. 2, Laws of Lagos State, 1994.

Particulars of Offence:

Aminu Mohammed (M) and Lateef Sofolahan (M) on or about the 14th day of January, 1997 at Simpson Street, Lagos, in the Lagos Judicial Division attempted to murder one Senator Abraham Adesanya.

Both 1st and 2nd appellants pleaded not guilty to the two count charge. The prosecution called Five witnesses and tendered six documents in evidence as exhibits and then closed its case. PW 2, one Sqt. Barnabas Kabila (Alias Rogers) was the star witness, appellants made a no-case submission. The Learned Trial Judge overruled the no-case submission made by the appellants, holding that the prosecution had made out a prima facie case on the 1st and 2nd counts against the appellants. Both appellants being dissatisfied with the said ruling have appealed to this court.