Amos Bude V. The State (2016)

LAWGLOBAL HUB Lead Judgment Report

KUDIRAT MOTONMORI OLATOKUNBO KEKERE-EKUN, J.S.C.

The appellant herein was initially charged along with four others before the High Court of Kaduna State sitting at Kaduna (the trial Court) on a two-count charge of conspiracy to commit armed robbery, armed robbery and receiving stolen property under Sections 6 (b), 1 (2) (a) and 5 of the Robbery and Firearms (Special Provisions) Act Cap. R11, Laws of the Federation of Nigeria 2004. The appellant was charged with the counts for conspiracy to commit armed robbery and armed robbery only, to which he pleaded not guilty on 4/10/06. The prosecution opened its case on 23rd January 2007 and called four witnesses. Subsequently the prosecution filed a motion for leave to amend the charge. The application was granted on 6th March 2007.

The amended charge dated 22nd February 2007 reads:

COUNT ONE

That you, AMOS BUDE (M). MOSHOOD SANUSI (M), CHARLES CHIDI IWUCHUKWU with DIVINE EBUKAM (DECEASED) and DOGAM PETER (M) (AT LARGE) on or about the 12th day of December 2005 at Nassarawa Village, Kaduna, conspired to rob at gun point, the premises of

Kaduna South Local Government Education Board, Kakuri, Kaduna, and that same act was done in pursuance of the “agreement” and that you thereby committed an offence under Section 6 (b) of the Robbery and Firearms (Special Provisions) Act Cap. R11 Laws of the Federation of Nigeria, 2004.

COUNT TWO

That you, AMOS BUDE (M), DIVINE EBUKAM (M) (DECEASED) and PRINCE OBI alias THANKGOD on or about the 12th day of December 2005 at Nassarawa Village, Kaduna, while armed with guns and other dangerous weapons, forcefully entered the office of the Head of Department Finance, and robbed the occupants of the said office of the sum of Twelve Million Naira, thereby committing an offence punishable under Section 1 (2) (a) of the Robbery and Firearms (Special Provisions) Act Cap. R11 Laws of the Federation of Nigeria, 2004.

COUNT THREE

That you MOSHOOD SANUSI (M), CHARLES CHIDI IWUCHUKWU (M) on or about the 12th day of December 2005 at Unguwan Muazu Kaduna, dishonestly received some money from DIVINE EBUKAM (M) (DECEASED) and AMOS BUDE (M) knowing or having reason to believe the same robbed and thereby committed an offence punishable under Section 5 of the

Robbery and Firearms (Special Provisions) Act Cap. R11 Laws of the Federation of Nigeria, 2004.

After the amendment of the charge the trial continued without the appellant’s plea being taken afresh. At the conclusion of the trial, the appellant was found guilty as charged and sentenced to death by hanging.

The appellant was dissatisfied with the decision of the trial Court and appealed to the Court of Appeal, Kaduna Division (the Court below) by a notice of appeal filed on 8/8/2011. With the leave of that Court he filed an amended notice of appeal on 21/11/2011 containing two grounds of appeal. Ground 1 of the amended notice of appeal at pages 131 – 132 of the record, which is relevant to this appeal, reads as follows:

Ground One: