Bio V. State (2020)

LAWGLOBAL HUB Lead Judgment Report

CHIMA CENTUS NWEZE, J.S.C. 

At the Ayetoro Judicial Division of the High Court of Ogun State, sitting at Ilaro, the appellant in this appeal, (as accused person), was arraigned, along with Musunmola Kolawole, on a two-count charge of conspiracy to commit armed robbery contrary to Section 6 and, punishable under Section 1 of the Robbery and Firearms (Special Provisions) Act, Cap. R. 11, Laws of the Federation of Nigeria, 2004.

Sequel to his trial and conviction, the appellant appealed to the Court of Appeal (lower Court, for short): which Court dismissed his appeal, prompting his further and final appeal to this Court. He concreted two issues for the determination of his appeal. They were framed thus:

1. Whether the lower Court was right to have held that the trial Court rightly admitted exhibit DD in evidence?
2. Whether the Court below was right to have held that the trial Court did not breach the appellant’s right to fair hearing when the trial Court refused to hear the appellant’s pending application seeking the leave of the trial Court to be allowed to adopt the appellant’s final written

1

address?

Arguments on the Issues

Issue One

Whether the lower Court was right to have held that the trial Court rightly admitted exhibit DD in evidence?

Appellant’s Contention

At the hearing of this appeal on October 17, 2019, learned counsel for the appellant, Shuaibu Enejoh Aruwa, Esq., adopted the brief filed on July 28, 2017. On this issue, he argued that the lower Court upheld the findings of the trial Court that the appellant voluntarily made the confessional statement – exhibit DD. He referred to the lower Court’s decision on page 148 of the record to the effect that the appellant retracted his confessional statement. He cited Saidu v. The State (1982) 4 SC 41. He urged the Court to allow the appeal.

Respondent’s Contention

On his part, Emmanuel Oboh adopted the respondent’s brief deemed, properly, filed on October 17, 2019. He pointed out that the appellant’s counsel failed to draw the Court’s attention to the evidence of the Prosecution at the trial within trial, pages 49 – 53 of the record and the ruling of the trial Court, pages 54 – 56 of the record. He also, referred to the

2

evidence of the appellant at the trial within trial, pages 52 – 53 of the record; Onyenye v. The State (2012) 15 NWLR (Pt. 1324) 586; Oseni v. The State (2010) 2 SCNJ 215; Solola v. The State (2005) 5 SCNJ 139, (2005) 11 NWLR (Pt.937) 460; Alarape v. The State (2001) 2 SCNJ 162, (2001) 5 NWLR (Pt.705) 79; Sule v. The State (2009) MSCQS (Pt. 384) 1069, (2009) 17 NWLR (Pt.1169) 33; Ikemson v. The State (1989) 20 MSCC (Pt. 11) 471, (1989) 3 NWLR (Pt.110) 455; Princewill v. The State (1994) 6 NWLR (Pt. 353) 703.