Sanusi v. State (2023)

LAWGLOBAL HUB Lead Judgment Report – SUPREME COURT

ADAMU JAURO, J.S.C. (Delivering the Lead Judgment)

The appeal herein is against the judgment of the Court of Appeal, Ibadan Division which affirmed the judgment of the High Court of Ogun State wherein the Appellant was found guilty for the offences of conspiracy to commit armed robbery and armed robbery and sentenced to death by hanging.

BRIEF FACTS OF THE CASE
The Appellant was tried on a two-count charge which read thus:
“COUNT I
STATEMENT OF OFFENCE
Conspiracy to commit Armed Robbery, contrary to Section 6(b) and punishable under Section 1(2)(a) of the Robbery and Firearms (Special Provisions) Act Cap R.11 Laws of the Federation of Nigeria, 2004.

PARTICULARS OF OFFENCE
AKEEM SANUSI (M) and another person still at large on or about the 5th September, 2008 at Dada Asaila Junction in Elejigbo in the Ota Judicial Division conspired to commit Armed Robbery.
COUNT II

STATEMENT OF OFFENCE
Armed Robbery contrary to Section 1(2)(a) of the Robbery and Firearms (Special Provisions) Act Cap R.11 Laws of the Federation of Nigeria, 2004.

PARTICULARS OF OFFENCE

AKEEM SANUSI (M) and another person still at large on or about the 5th September, 2008 at Dada Asaila Junction in Elejigbo Estate in the Ota Judicial Division while armed with a single barrel gun and other offensive weapons robbed Akinwade Shola of a Sagem 501, a Nokia 1262 phone, car keys, Company Access Cards, Driver’s License and the sum of Forty thousand Naira.”
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The Appellant pleaded not guilty to the two counts of the information and trial commenced. During the trial of the case, the Respondent as Prosecution called four witnesses. PW1 and PW2 were the victims of the armed robbery incident, while PW3 and PW4 were the Investigating Police Officers (IPOs). On his part, the Appellant as accused person testified alone in his defence. The Respondent tendered exhibits during trial, including Exhibits A, A1 and F, all of which are the Appellant’s confessional statements.
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It was the case of the Respondent that on the 5th September, 2008, while PW 1 was returning to Ogun State from Lagos, he called his brother-in-law, PW2 to pick him up with a car. While they were heading home, they were attacked by the Appellant and his fellow armed robbers at Obasanjo Farm Junction in Ota around 10:30 pm and one of the robbers discharged a bullet.

Some of the robbers were said to have struggled for the control of the steering wheel with PW1 until the car fell into a ditch and PW1 ran away, while some of the robbers pursued him. PW1 was dispossessed of his phones, the sum of N40,000.00 (Forty thousand Naira), his access card and his car key.

The following morning, PW1 called his phone and it was answered by PW3, who informed him that the Appellants and others who robbed them had been apprehended. PW3 told PW1 that the phone rang in the pocket of one of the robbers who was already with the Police when PW1 called. PW2 testified that he knew the Appellant having been brought to work in their residential estate by a security guard. PW1 said he did not know the Appellant, but he knew one Baba Monday, who stopped the car so that PW1 and PW2 could be attacked by the Appellant and the rest of the gang.

On the other hand, the Appellant’s evidence as DW1 was that he was in a commercial taxi alongside a police officer and other passengers. He testified that he was involved in a fight with the driver and the said police officer and that it was due to the fight that he was arrested before being charged to Court. He stated that he was only asked to thumbprint on Exhibit F and that Exhibits A and A1 were not made voluntarily by him.

At the conclusion of trial and after addresses of counsel, the learned trial Judge convicted the Appellant as charged and sentenced him to death. The Appellant’s appeal to the lower Court was unsuccessful. He has thus filed the instant appeal to challenge the lower Court’s affirmation of the judgment of the trial Court. The Notice of Appeal by which the appeal was commenced is anchored on four grounds of appeal.

ARGUMENTS AND SUBMISSIONS OF COUNSEL FOR THE PARTIES
The Appellant’s counsel submitted two issues for the determination of the appeal to wit:
“I. Whether in the light of the objections raised as to the non-voluntariness of confessional statements; Exhibits A and A1 and inadmissibility of confessional statement, Exhibit F, the lower Court rightly or wrongly affirmed the conviction and death sentence passed on Appellant on the basis of the wrongly admitted confessional statements in Exhibits A, A1 and F. (Grounds 1 and 2)

II. Whether or not, the learned Justices of the lower Court rightly or wrongly affirmed the conviction and death sentence of the Appellant for the offence of conspiracy to commit armed robbery and armed robbery when the Respondent failed to prove the offences alleged beyond reasonable doubt. (Grounds 3 and 4).”

Learned Director of Public Prosecutions of Ogun State who settled the Respondent’s brief of argument equally identified two issues arising for determination in the appeal, to wit: