Prince Joshua Paulson V. The State (2016)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

GEORGE OLADEINDE SHOREMI, J.C.A. (Delivering the Leading Judgment)

This is an appeal against the Judgment of the High Court of Justice sitting at Effurun Delta State of Nigeria, delivered on 16/2/2010 wherein the trial judge after full trial pronounced a sentence of life imprisonment on the appellant.

The appellant being dissatisfied with his conviction and sentence on 28/4/2010 filed his notice of appeal with 8 grounds which are reproduced as follows. For reasons I will revert to later Ground 1 shall be with all particulars. It reads:

GROUND 1 The Learned Trial Judge erred in law by trying the appellant for Conspiracy and Armed Robbery contrary to S. 1(2) (a) of the Armed Robbery and Firearms (Special Provisions) Cap 48 Laws of Bendel State applicable to Delta State. Whereas there is no existing law known and called Armed Robbery and Firearms (Special Provisions) Cap 48 Laws of Bendel State 1976 applicable to Delta State by virtue of S.4(2)(3)(4). Second Schedule Part 1 item 2, Part 111 item 2(b), and S. 36(12) of the constitution of the Federal Republic of Nigeria 1999. This occasioned great in Justice to the appellant.

PARTICULARS OF ERROR

a. The information upon which the appellant was arraigned before the trial court contained three count charge of conspiracy. Armed Robbery of various personal articles and Opel vehicle Reg. No. BD BEN punishable under S. 1(2) of the Robbery and Firearms (Special Provisions) Law cap 48 Laws of the Defunct Bendel State of Nigeria 1976 as applicable to Delta State.

b. By virtue of S. 4(2)(3)4, and item No. 2 of part 1 of the second schedule, and item No. 2(a) of part 111 of the second schedule of the Nigerian constitution 1999, offences of Armed Robbery and Firearms are under exclusive list of legislation of National Assembly.

c. Armed Robbery and Firearms are not to be legislated upon by any State House of Assembly.

d. By provision of S. 36(12) of Nigeria Constitution a person shall not be convicted on a criminal offence under a State law unless that offence is defined and the penalty prescribed in the written law which refers to Acts of the National Assembly or a law of the State.

e. The appellant was arraigned, tried and convicted by Effurun High Court on non existent law of Delta State termed Armed Robbery and Firearms (Special Provisions) Cap 48 Laws of the Defunct Bendel State of Nigeria 1976 as applicable to Delta State.

f. The prosecution made no amendment whatsoever to the original information upon which the appellant was arraigned for trial to reflect the character of the Federal Offence which can be tried by a High Court of a State.

g. Decree No. 47 of 1970 covered the entire field and expressly repealed all pre-existing state laws on Armed Robbery and Firearms the subject hence as from 27 August, 1970, it was Decree No. 47 of 1970 that was the only existing law on Armed Robbery and Firearms.

h. The appellant during arraignment understood and pleaded not guilty that he was being charged and tried under armed Robbery and Firearms (Special Provisions) Cap 48 Law of Defunct Bendel state applicable to Delta state as a State law. He is expected to be sentenced on a Federal Law which he was not tried.

i. The National Assembly order Legislative powers vested in it in S. 4(1) of 1999 constitution of Federal Republic of Nigeria could not be deemed to be a law enacted by the House of Assembly of a State under the Legislative powers in its S. 4(5) of 1999 constitution.