Abubakar Tijani Shehu V. The State (2009)

LawGlobal-Hub Lead Judgment Report

OYEBISI F. OMOLEYE, J.C.A.

This is an appeal against the decision of the High Court of Kogi State sitting at Okene (hereinafter referred to as the trial Court) presided over by H.A. Olusuyi, J. delivered on the 22nd day of May, 2007.

The facts surrounding this case as contained in the printed record of appeal before this Court are that, the Appellant as an accused person was charged before the trial Court on an information of one count of mischief by fire, contrary to and punishable under Section 337 of the Penal Code. It was alleged that the Appellant had cases pending against him at the Upper Area Court, Ebogogo in Okene Local Government Area of Kogi State. Before the cases were heard, the chambers of the President of the said Upper Area Court was gutted by fire wherein all the case files among others were destroyed.

The prosecution in proving its case called five witnesses; while the Appellant testified in his defence and also called one witness. At the end of taking evidence from the prosecution and the defence, the evaluation of the evidence placed before the trial Court alongside the submissions made by learned counsel on both sides, the learned trial Judge delivered his considered judgment wherein His Lordship convicted the Appellant as charged and sentenced him to two years imprisonment without an option of fine and to Five Thousand Naira (N5,000.00) fine or nine months imprisonment in default.

Dissatisfied with the said trial Court’s decision, the Appellant has appealed to this Court on five grounds of appeal. The said grounds of appeal without their particulars read as follows:

GROUND ONE

The learned trial Judge erred-in-law when he held that the charge alleging mischief by fire even though deficient for not stating the time of the fire incident (which is 3:00am) in the charge is cured by the evidence of the prosecution witness who in his evidence stated that the incident happened at about 3:00am and that it has not therefore misled the accused or occasioned miscarriage of justice.

GROUND TWO

The learned trial Judge erred-in-law when he held that the prosecution had proved the guilt of the Appellant beyond reasonable doubt as required by the law.

GROUND THREE

That the decision is erroneous in law for convicting the Appellant on circumstantial evidence that is not cogent and compelling and unequivocal as to lead to no other rational conclusion.

GROUND FOUR

The learned trial Judge erred-in-law when he rejected the defence of alibi raised by the Appellant and thereafter misdirected himself on the facts and convicted the Appellant.

GROUND FIVE