Emmanuel Kpoobari V. The Federal Republic Of Nigeria (2016)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

CHIOMA E. NWOSU-IHEME, J.C.A.: (Delivering The Leading Judgment)

The issue in this appeal to my mind is straight forward and simple. It is whether upon the change of his plea by the appellant, at the lower court, from one of not guilty to one of guilty, the provisions of section 218 of the Criminal procedure Act were complied with by the lower court before his conviction and sentence.

The issues raised by the appellant’s counsel in his brief at page 3 do not appear to me to comprehend the situation in this appeal. The sole issue raised in the brief of the respondent’s counsel at page 3 is more apposite to the issue I have identified above.

The appellant was arraigned at the lower court as an accused on a two count charge of possession of Indian Hemp (Cannabis Sativa), and cocaine respectively. His initial reaction to the counts of the charge was one of a plea of not guilty. However, the appellant later, in the course of the proceedings changed his plea to one of guilty. Whereupon the matter was adjourned at the instance of the prosecution “to review the fact”. On the adjourned date, appellant was represented by counsel.

The prosecuting counsel, following the plea of guilty by, the appellant earlier, stated that the facts were as contained in the charge and proceeded “in support of the facts” to tender the grams of the Indian Hemp and cocaine recovered from the appellant on which the two counts of the charge were hinged. This was done without objection from the defence.

Thereafter, the lower court proceeded to convict and sentence the appellant to a term of imprisonment. It is against this conviction and sentence that this appeal has been lodged on eight (8) grounds set out at pages 35- 40 of the Record of Appeal.

The arguments of the appellant’s counsel, Mr. Ede, in support of the appeal, in summary, was that inspite of the plea of guilty of the appellant at the lower court, the prosecution was still bound to call evidence by witnesses to prove the essential elements of the counts on the charge. Having not done so, the lower court was in error to have convicted and sentenced the appellant.

In his reply, Mr. Igwilo, learned counsel for the respondent, after reviewing the facts as contained in the proceedings of the lower court, contended that the provisions of sections 215, 218 and 277 of the Criminal Procedure Act were duly complied with in the proceedings at the lower court and, therefore, the lower court was right in convicting and sentencing the appellant.

As I said earlier, the issue in this appeal is straight forward. Now section 218 of the Criminal Procedure Act provides that:-

“if the accused pleads guilty to any offence with which he is charged, the court shall record his plea as nearly as possible in the words used by him and if satisfied that he intended to admit the truth of all the essential of the offence of which he has pleaded guilty the court shall convict him of that offence and pass sentence upon or make an order against him unless there shall appear sufficient cause to the contrary”.

It follows from the foregoing provisions that once an accused pleads guilty to a charge lodged against him and the court is satisfied that he intends to admit the elements of the charge, such an accused becomes a self-confessed criminal and the court can proceed under the aforesaid section of the law to convict and sentence him. This exercise of satisfaction is within the competence of the court and it is subjective having regard to the facts and circumstances of the case. See OMOJU V. FED. REPUBLIC OF NIGERIA (2008) 7 NWLR (PT.1085) page 38.

An appeal against a conviction on a plea of guilty can only be entertained if it appears (i) that the appellant did not appreciate the nature of the charge, or did not intend to admit that he was guilty of it, or (ii) that upon the admitted facts he could not in law have been convicted of the offence charged. See R. VS. FORDE (1923) ALL ER. 477 at 479.

In the instant case, the proceedings of the lower court at pages 16-17 that upon his arraignment and the reading of the charge to him, the appellant on being asked whether he understood the charge clearly, stated that he did so before pleading not guilty thereto. The matter was then adjourned to 16/3/09 for hearing on which day the appellant indicated his intention to change his plea.

Following this indication, the charge was again read to him and the judge again asked him whether he understood the charge. His answer being in the affirmative, he then pleaded guilty to each of the two counts of the charge. The proceedings relative to the foregoing are contained at pages 18-19 of the Record of Appeal.