Ahmed Rabiu V. The State (2014)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

UWANI MUSA ABBA AJI, J.C.A. (Delivering the Leading Judgment)

This is an appeal against the decision of the Kogi State High Court, sitting in Okene, presided over by Hon. justice S.O. Otu, delivered on the 30th March, 2009, overruling the objection of the Appellant’s counsel that the Statement of the Appellant to the Police was made out of inducement, non-compliance with Police Officers’ Rules and torture.

On the 31st December, 2005, the Appellant was arrested for the offence of culpable homicide contrary to Section 221 of the Penal Code. The charge against the Appellant states thus:

“That you, Ahmed Rabiu of Ajaokuta road check point, Okene within the Kogi State Judicial Division, on or about the 10th day of November, 2005, while armed with a gun intentionally shot and killed one Nasiru Audu and you thereby committed the offence of culpable homicide punishable under Section 221 (a) of the Penal Code.”

On the 23rd January, 2008, the Statement of the accused person/Appellant taken on the 1st of January, 2006 was admitted in evidence by the trial Judge and marked Exhibit ‘B’.

However, by a motion on notice dated 17th April, 2008, the Appellant applied to the High Court, Okene, praying for the following order(s);

1. An order setting aside the entire proceedings of 23/1/2008

OR IN THE ALTERNATIVE

2. An order setting aside the ruling admitting Exhibit ‘B’ in evidence and revisiting the issue of the admissibility of the said document.
3. Such further or other orders as this Honourable Court may deem fit to make in the circumstances.

The application was supported by a 15 (fifteen) paragraphs Affidavit. The Respondent opposed the application and filed a counter affidavit of eight (8) paragraphs dated 17th June, 2008.

In a considered ruling dated 10th July, 2008, the learned trial judge set aside the ruling of the court admitting the statement of the Appellant in evidence as Exhibit ‘B’ and ordered for a trial within trial to determine whether or not the Appellant’s statement was voluntarily made.

At the trial within trial, the prosecution called one witness. The case of the prosecution is that at about 12.10pm on 1st January, 2006, he directed one P.C Adeyemi Moshood to bring the Appellant from the cell to the interrogation room for statement taking. He cautioned the Appellant and he signed the words of caution and thereafter volunteered his statement, the Appellant signed the statement and the witness counter signed it. The statement was voluntary as the Appellant was neither beaten nor tortured.

The case of the Appellant however is that, he was at an occasion at a place called Agassa when he was accosted by a mob. They beat him and dragged him to the Police Station at Okene where he was informed that the allegation against him was that he had killed a person. He denied killing the person and made a statement to that effect.

When he was taken to the D.P.O. along with the statement, the D.P.O. said he was telling lies. The D.P.O. shot the Appellant on the foot when he insisted that he did not kill anybody. As a result of the gun shot, he agreed to sign whatever statement they brought. He was later taken to the State C.I.D, Lokoja where he was beaten and threatened by the police where after he signed a statement which statement the prosecution tendered at the trial

Counsel addressed the court and in a considered ruling on the 30th March, 2009, the learned trial judge found that the statement was voluntary, overruled the objection of the Appellant and admitted the extra judicial statement as Exhibit ‘BB’. Dissatisfied with the said ruling, the Appellant has now appealed to this court by a Notice of Appeal dated 7th April, 2009 and filed on the 8th April, 2009 upon two grounds of appeal. The grounds of appeal without their particulars are hereby reproduced:-

1. The teamed trial Judge erred in law in admitting the ‘confessional statement of the Appellant’ when the said statement was not voluntary.
2. The learned trial Judge erred in law when he held as follows:-

“I find that the statement was freely and voluntarily made by the said accused person. The objection is overruled and the statement is admitted in evidence and marked as Exhibit ‘BB’.”