Dondos V. State (2021)

LAWGLOBAL HUB Lead Judgment Report

MARY UKAEGO PETER-ODILI, J.S.C. 

This is an appeal against the judgment of the Court of Appeal, Kaduna Division or lower Court or Court below; Coram: Abdu Aboki J.C.A. (as he then was), Theresa Ngolika Orji Abadua, Ita G. Mbaba J.J.C.A. delivered on the 30th day of May, 2014, wherein the lower Court confirmed the decision of the Katsina State High Court which convicted the appellant for the offence of armed robbery and sentenced him to death with two other accused persons.

FACTS

The appellant herein was the 2nd accused person at the trial Court along with two other accused persons who were charged and arraigned on two count charge of armed robbery committed on the 30th day of January, 2002 and in April, 2002.

In proof of his case at the trial Court, the prosecution called a number of witnesses in the main trial and during the trial within trial, amongst whom was PW1 who testified as it affected the Appellant herein, at pages 22-23 of the printed records thus:

“Thereafter, we continued our investigation. In August, 2002, we were able to arrest the 2nd accused person and he was brought to CID office.

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I used thesame process as before and I recorded his statement and then took him before Mr. Chibok who also endorsed the statement like those of the others.”

The recorded statement of the Appellant which is referred to as Exhibit ‘B’ was confirmed by the Appellant as the statement he made to the Police when he was cross examined as DWB as seen at Page 38 of the printed records thus: “I made the statement when I was better.”

Though the Appellant later denied the said confessional statement, after a comprehensive trial within trial to determine the admissibility of the said confessional statement, the trial Court said it found no evidence to contradict the prosecution’s testimony that the confessional statement was obtained voluntarily, consequently, same was admitted in evidence. See the ruling of the trial Court at page 50 of the printed records.

The accused/appellant was convicted for the offence of Armed Robbery under Section 1 (2) (a) (b) of the Robbery and Fire arms (Special Provision) Act Cap 398 LFN 1990, by the trial Court.

The Appellant being dissatisfied with the judgment of the trial Court, appealed against the decision

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via a notice of Appeal dated 17th April, 2012 containing only the ground of Appeal thus: – “That the decision of the High Court is unreasonable, unwarranted and cannot be supported having regards to the evidence adduced at the trial.”