Friday Smart V. The State (2012)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

MOORE A.A. ADUMEIN, J.C.A. (Delivering the Leading Judgment)

The appellant – FRIDAY SMART was arraigned in the High Court of Ondo State, Ifon Division for the offences of conspiracy to commit armed robbery and armed robbery. The appellant, as the accused in the lower court, pleaded not guilty and the case was tried. The prosecution called two witnesses and the appellant testified in his defence but did not call any witness. At the close of evidence, the appellant and prosecution filed and exchanged written addresses which they respectively adopted.

In a reserved judgment, delivered on the 13th day of November, 2008 the learned trial judge, Odusola, J. found the appellant guilty and sentenced him to death. Being dissatisfied with the judgment of the trial court, the appellant filed a notice of appeal containing only one ground – the omnibus ground of appeal. With leave of court, the appellant filed an amended notice of appeal containing 4 (four) grounds.

The grounds of appeal in the amended notice of appeal, weeded of their particulars are as follows:

“1. The learned trial judge erred in law in attaching any or much weight to Exhibits A – A3 (alleged confessional statements of the appellant) and consequently convicting the appellant based on the said Exhibits A-A3.

2. The learned trial judge erred in law when he held that the prosecution had successfully established all the ingredients of the offence of conspiracy.
3. The learned trial judge erred in law in holding that the prosecution has proved the offence of armed robbery against the appellant.
4. That the decision of the High Court is unreasonable and cannot be supported having regard to the evidence.”

At the hearing of the appeal, the learned counsel for the appellant adopted and relied on his brief dated 21st day of April, 2010 and filed on the 30th day of April, 2010 but deemed properly filed on the 24th day of February, 2011 and urged the court to allow the appeal, set aside the judgment of the trial court and discharge and acquit the appellant. On the other hand, the learned counsel for the respondent adopted and relied on the respondent’s brief dated the 21st day of June, 2011 and filed on the 22nd day of June, 2011 but deemed properly filed on the 13th day of October, 2011. The respondent urged the court to dismiss the appeal and uphold the judgment of the trial court.

In the appellant’s brief, settled by Ikenna Okoli, Esq.; the appellant formulated the following three issues for determination:-

(i) Whether the trial court was right in attaching any or much weight to Exhibits A – A3 (alleged confessional statements of the appellant) and convicting the appellant based on the said Exhibits A – A3?

(ii) Whether the prosecution proved the offence of conspiracy against the appellant beyond reasonable doubt?

(iii) Whether the prosecution proved the offence of armed robbery against the appellant beyond reasonable doubt?

The respondent agreed with the issues framed by the appellant and adopted them as the issues that arise for determination in this appeal. The respondent’s brief was settled by Mrs. A.O. Adeyemi-Tuki (DPP, Ministry of Justice, Ondo State).

I adopt the issues distilled by the appellant. However, I will treat and resolve issue Nos, 1 and 3 together.

ISSUE NOS. 1 AND 3

Whether the trial court was right in attaching any or much weight to Exhibits A – A3 (alleged confessional statements of the appellant) and convicting the appellant based on the said Exhibits A – A3.