Chukwuemeka Agugua V. The State (2017)

LAWGLOBAL HUB Lead Judgment Report

OLUKAYODE ARIWOOLA, J.S.C.

This is an appeal against the judgment of the Court of Appeal, Sokoto Division Coram: Amiru Sanusi, JCA (as he then was); Abubakar Datti Yahaya, JCA; Abubakar Alkali Aba, JCA which was delivered on 12th December, 2011 in which the appellant’s appeal was dismissed and his conviction and sentence by the trial Court were affirmed.

The appellant and one Aliyu Danjuma who was the 1st accused while the appellant was the 2nd accused were arraigned before the Sokoto High Court. The two were charged with two counts of conspiracy to commit armed robbery and armed robbery contrary to Sections 5(b) and 1(2) (a) of the Robbery and Firearms (Special Provisions) Act, Cap. 398 Laws of Federation of Nigeria, 1990.

At the trial before Malami Umar .J, the prosecution called six (6) witnesses and tendered seven (7) items admitted and marked Exhibits A, B, C, D, E, F and F1.

Originally, the charge was against four accused persons but only two accused stood trial as the other two were said to be at large.

At the point of tendering the Statement of the appellant, he objected and

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claimed that he was tortured to obtain it by the police. This led to the order for trial -within-trial by the trial Court which dismissed the objection and admitted the said Statement as Exhibit F1.

It is note worthy that the appellant did not testify and chose not to call any evidence in his defence. Upon conclusion of the trial, in its considered judgment, the trial Court convicted the appellant with his co-accused for the 1st count of the charge and for a lesser offence of attempted robbery instead of the count of armed robbery contained in the charge. Appellant was then sentenced to life imprisonment.

Dissatisfied with the conviction and sentence, the appellant appealed to the Court of Appeal, Sokoto division, hereinafter referred to as Court below. In its unanimous decision, the Court below found the appeal unmeritorious, dismissed the appeal and affirmed the conviction and sentence handed down on the appellant by the trial Court.

The appellant was further dissatisfied with the decision of the Court below, hence he appealed to this Court.

Pursuant to the Rules of this Court, parties filed and exchanged briefs of argument, the record

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of appeal having been duly compiled, transmitted and served, The appeal was then heard on 17th November, 2016.