Abubakar Mohammed V. The State (2019)

LAWGLOBAL HUB Lead Judgment Report

SIDI DAUDA BAGE, J.S.C.

This is an appeal from the decision of the Court of Appeal, Yola Division delivered on 8th February, 2013 which affirmed the judgment of the learned tried Judge which convicted the Appellant alongside 3 others for the offence of conspiracy and unlawful possession of firearms contrary to Section 5 (6) and 3 (1) of the Robbery and Firearms (Special Provisions) Act 2004. The three other persons with whom the Appellant was charged pleaded guilty and were summarily convicted by the learned trial Judge on 29th July 2009. Being dissatisfied with the decision of Court below, the Appellant filed a notice of appeal dated 12th April 2013 and filed on 15th April, 2013.

SUMMARY OF FACTS:

The Appellant was arraigned alongside three others before the Chief Judge of Taraba State on two counts of conspiracy contrary to Section 5 (6) of the Robbery and Firearms (Special Provisions) Act 2004 punishable under same and illegal possession of firearms contrary to Section 3 (1) of the Act. When arraigned, on 29th July, 2009 before the learned

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trial Judge, the Appellant and the other 3 with whom he was charged all pleaded guilty to the charges and were summarily convicted and sentenced to N20,000.00 fine in respect of the offence of conspiracy contrary to Section 5 (b) and 10 years imprisonment in respect of the offence of illegal possession of firearms contrary to Section 3 (1) of the Robbery and Firearms (Special Provisions) Act 2004.

Being dissatisfied with the judgement of the trial Court, the Appellant filed an appeal at the Court of Appeal, Yola Division vide a Notice of Appeal dated August 2009. The Court below also dismissed the appeal in its judgement of 8th February, 2013. Still being dissatisfied with the judgment of the Court below, the Appellant filed this appeal vide a Notice of Appeal of four grounds dated 12th April, 2013.

ISSUES FOR DETERMINATION:

The Appellant filed his Brief of Argument dated 30th May 2013 which was deemed properly filed and served on 20th December, 2018 and formulated two issues for determination before this Court. The issues formulated by the Appellant as contained at page 2 of the Appellant’s brief are:

“1) Whether the Court of Appeal was right in law when

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it affirmed the conviction and sentence of the Appellant, notwithstanding the fundamental legal error committed by the trial Court by considering and utilising alleged weapons which were never tendered as exhibits by the prosecution.

2) Whether the Court of Appeal was right in law when it held that the trial Court had jurisdiction to try the appellant for the offences of criminal conspiracy and illegal possession of firearms, notwithstanding that, by the particulars of the charge, the alleged offences were not committed within the territorial jurisdiction of the trial Court.”

On its part, the Respondent also formulated two issues for determination, thus: