Anozie Chibuzor v. The People Of Kwara State (2024)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

TUNDE OYEBANJI AWOTOYE, JCA (Delivering the leading judgment)

This is the judgment in respect of the appeal filed by the 1st defendant in charge No. KWS/126C/2021: Anozie Chibuzor v. The People of Kwara State delivered on 22/03/2022.

The charge against the appellant and others reads as follows:

The charge

Count one

That you Anozie Chibuzor, Balogun Abdulgafar, Pelumi (at large), Peter (at large), Godwin (at large) and Femi (at Large) on or about 04/05/2021, at Gaa-Akanbi/Pipeline Area, Ilorin, Kwara State, within the jurisdiction of this honourable court, conspired to unlawfully Possess one (1) Locally Made Revolver gun and one (1) Explosive Device (Dynamite), without license and you thereby committed an offence punishable under section 6(a) (b) (c) of the Robbery and Firearms (Special Provision) Act Cap R11, Laws of the Federation of Nigeria, 2004.

Count two

That you Anozie Chibuzor, Balogun Abdulgafar, Pelumi (at large), Peter (at large), Godwin (at large) and Femi (at Large) on or about 04/05/2021, at Gaa-Akanbi/Pipeline Area, Ilorin, Kwara State, within the jurisdiction of this honourable court, were found to be in unlawful possession of one (1) Locally made Revolver gun and one (1) Explosive Device (Dynamite), without license and you thereby committed an offence punishable under section 3(1) of the Robbery and firearms (Special Provision) Act CAP R11, Laws of the Federation of Nigeria, 2004.

Count three

That you Anozie Chibuzor, Balogun Abdulgafar, Pelumi (at large), Peter (at large), Godwin (at large) and Femi (at Large) on or about 04/05/2021, at Gaa-Akanbi/Pipeline Area, Ilorin, Kwara State, within the jurisdiction of this honourable court, conspired to belong to the membership of a secret cult/society known as Eiye Secret Cult Confraternity and you thereby committed an offence contrary to section 8 of the Secret Cults and Secret Societies (Prohibition) Law of Kwara State, 2016 and punishable under section 14 of the same Law.

Count four

That you Anozie Chibuzor, Balogun Abdulgafar, Pelumi (at large), Peter (at large), Godwin (at large) and Femi (at Large) on or about 04/05/2021, at Gaa-Akanbi/Pipeline Area, Ilorin, Kwara State, within the jurisdiction of this honourable court, did belong to the membership of a Secret Cult/Society known as Eiye Secret Cult Confraternity and you thereby committed an offence contrary to section 2 of the Secret Cults and Secret Societies (Prohibition) Law of Kwara State, 2016 and punishable under section 14 of the same law.

The charge was read and explained. The appellant pleaded not guilty to each of the counts of the charge.

Hearing later commenced after which the learned trial Judge entered judgment against the appellant inter alia as follows: