Bright Chibuike & Anor V. The State (2010)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

MOHAMMED LAWAL GARBA, J.C.A (Delivering the Leading Judgment)

The Appellants were arraigned before the High Court of Kaduna State on a two (2) counts charge of criminal conspiracy under section 97 of the Penal Code and armed robbery punishable under section 1(a), (b) of the Robbery and Firearms (special provisions) Act, Cap 398, Laws of the Federation of Nigeria, 1990.

After their plead were taken by that court, the case against them proceeded to trial during which the state presented two (2) witnesses to prove the offences charged. At the close of the prosecution evidence, a no case submission was made for the Appellants which was over ruled and so each of the Appellants testified in defence of the charges against him.

Eventually after taking final addresses from the learned counsel for the Appellants and the Respondent, the High Court in the judgment delivered on the 5/8/2005, found the Appellants guilty of the two (2) offences with which they were charged and convicted them accordingly on each of the two (2) counts of the charge. Each of them was consequently sentenced by that Court to imprisonment term of five (5) years in respect of the 1st count of criminal conspiracy and to death, on the 2nd count of armed robbery with recommendation for mercy pursuant to Rule 12 of the Robbery and Firearms Rules of procedure.

The sentence on the 1st count was to take effect from the date of the Appellants’ arrest and detention in April, 2001. Being dissatisfied with their conviction and sentence on the 2nd count of the charge each of the Appellants with the leave of this Court, caused a Notice of Appeal of six grounds, to be filed against same.

In the Appellants’ brief filed on the 17/7/07 as required by the Rules of this Court, two issues were distilled from the six grounds of appeal contained of on each of the Notices of Appeal and submitted for determination, in the appeal.

They are:-

a) Was the confessional sentiment properly admitted in evidence.

b) Having regard to the totality of the evidence, was the guilt of the accused persons established beyond reasonable doubt in respect of the offence charged, (sic).

The issue (a) was said to arise from grounds of appeal 2, 3 and 4 while issue (b) was said to arise from grounds 1, 5 and 6.

For the Respondent three (3) issues were formulated for determination in the Respondent’s brief filed with the leave of Court granted on 14/1/10 as follows:-

ISSUES FOR DETERMINATION

1. Whether the mere retraction by the Appellants of their confessional statements, disqualifies same as being voluntarily made and from being properly admitted in evidence.
2. Whether there was established that there was armed robbery committed along Buruku-Lagos Road on the 16/04/2001 (the date of the arrest of the Appellants) and if issue 2 is found in the affirmative.
3. Whether the prosecution has proved that the Appellants were the ones that committed the armed robbery as to warrant their conviction and sentence as made.

The issues formulated by the learned counsel for the parties are essentially the same in that issues 2 and 3 of the Respondent are subsumed in the Appellant’s issue (b). For that reason, I would consider the Appellants’ issues in the determination of the appeal.

Before then however, I should mention that the learned Counsel for the Respondent had filed a list of additional authorities on the 7/5/10 in respect of the issues formulated in the Respondent’s brief. The authorities, I would say are on restatements of the position of the law on the points made and supported by other established cases cited by learned counsel. They are merely for emphasis being additional authorities.