Ibrahim Joseph V. The State (2013)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

PETER OLABISI IGE, J.C.A. (Delivering The Leading Judgment)

The Appellants, Ibrahim Joseph (M) was arraigned on a three court charge at the trial court as follows:-

“COUNT 1

IBRAHIM JOSEPH (M) 45, of Muntokshi Village in T/Balewa Local Government Area of Bauchi State, with the jurisdiction of the Hon. Court sometimes in December, 2010, was found in possession of firearms without license, contrary to Section 3 of the Fire Arms Act Cap. F28, LFN 2004 and punishable under Section 27 of the same Act.

COUNT 2

IBRAHIM JOSEPH (M) 45, of Bauchi State within the jurisdiction of the Hon, court sometimes in December 2010, was found to be in the business of selling, exposing for sale and or transferring of firearms, without license contrary to Section 9 of the Fire Arms, without license contrary to Section 9 of the First Arms Cap. F.28, LFN 2004 and punishable under Section 27 of the same Act.

COUNT 3

IBRAHIM JOSEPH (M) 45, of Muntakshi Village in T/Balewa Local Government Area of Bauchi state, within the jurisdiction of the Hon, court sometimes in December, 2010, was found to be manufacturing FireArms without license contrary to Section 22 of the Fire Arms Act Cap F.28, LFN 2004 and punishable under Section 27 of the same Act.”

The matter came up before the trial court SALIHU-J at the Federal High court Bauchi on 3rd day of Feb January, 2011 and the plea of the Appellant was taken. The Appellant pleaded NOT GUILTY to count 1 but he PLEADED GUILTY to counts 2 and 3 of the charge before the trial court.

The prosecution then urged the trial court vide Section 33 of the Federal High Court Act to impose sentence on the Appellant in respect of 2nd and 3rd Counts of the charge while at the same time sought for an adjournment to enable the prosecution produce witness to proof count 1 of the charge to which the Appellant had pleaded NOT GUILTY. The trial Court obliged and the matter was adjourned till 11th day of February, 2011 for hearing. The Appellant was then remanded in prison custody by the lower court.

For reason not apparent on the record the matter came up on 14th day of February, 2011, on that date M. M. Adamu Esq., SC II appeared for the prosecution while J. A. Ameh, (Miss) appeared for the Appellant. The prosecutor then made an application in the following terms viz:-

“My Lord, the case is adjourned to today for sentence of (sic) the plea of the accused on the 2nd and 3rd count charges. I have 2 applications to make. Firstly is to effect a minor typographical error as to the section the accused is charged with, we mistakenly printed Section 22 and not S.23 of the Firearms, Act.

The court then ruled thus:-

“The application of the prosecuting counsel on the typographical error on Count three charge against the accused is noted and corrected to read Section 23.”