Mikairu Momodu V. The State (2007)

LawGlobal-Hub Lead Judgment Report

HELEN MORONKEJI OGUNWUMIJU, J.C.A.

This is an appeal against the judgment of the High Court of Justice, Ilorin delivered on 22nd November 2005 wherein the learned trial judge convicted the Appellant on all the charges preferred against him by the prosecution.

The Appellant appealed against the said judgment and filed five grounds of appeal.

At the hearing of this appeal, the Appellant’s counsel Mr. Rowland Otaru, SAN. Adopted the Appellant’s brief dated 17th May 2007 filed on 21/5/07 and deemed filed on 28/5/07. The Respondent’s Counsel Mr. J. A. Mumini, Director of Prosecutions Kwara State adopted the Respondent’s brief filed on 6/6/07.

The facts that led to this appeal are as follows:

The Appellant was arrested on 30/6/2004 at the University of Ilorin He was arraigned before the High Court of Kwara State sitting at Ilorin the same month on the following charges:

“CHARGE ONE:

That you Mikairu Momodu on or about 30th June, 2004 at about 06:30 am at the University of Ilorin campus (Mini) within the jurisdiction of this Honourable Court you were found in possession of one locally made pistol, five rounds of live cartridges and you thereby committed an offence contrary to Section 3 of the Firearms Act Cap 146 and punishable under section of the Armed Robbery and Firearms (Special Provision) Act Cap 398, 1990.

CHARGE TWO:

That you Mikairu Momodu on or about 30th June, 2004 at about 06:30 am you committed criminal trespass by entering into University of Ilorin (Campus) land and thereby committed an offence punishable under Section 348 of the Penal Code.

CHARGE THREE:

That you Mikairu Momodu on or about 30th June, 2004 at about 06:30a.m. at the University of Ilorin Campus (Mini) professed to be a member of Buccaneer Cult group an association not known to the University and you thereby committed an offence contrary to Section 7(1) of the Secret Cults and Secret Societies in Educational Institutions (Prohibition) Law 2004.”

The Prosecution called five witnesses and tendered five material exhibits including a locally made pistol – Exh.2 and five rounds of live cartridges – Exh.3. The court also admitted as Exh.6 the retracted confessional statement of the Appellant. On the other hand, the Appellant gave evidence in his own defence and called no witnesses. At the conclusion of evidence, the learned trial judge in a considered judgment found the Appellant guilty of the three count charge levied against him and convicted the Appellant. The Appellant was thereafter sentenced to one year imprisonment on the first count. He was sentenced to 10 years imprisonment on the charge of being in unlawful possession of firearms. Finally he was sentenced to 10 years imprisonment and N50,000.00 fine for the offence of being a member of a secret cult. The sentence to run concurrently from 30th June 2004 the date of his arrest and subsequent incarceration pending and during trial.

Being dissatisfied against that judgment, the Appellant filed five grounds of appeal. The grounds of appeal and particulars thereof are set out below: