Ibrahim Kamila V. The State (2018)

LAWGLOBAL HUB Lead Judgment Report

AMIRU SANUSI, J.S.C.

This appeal is against the judgment of the Court of Appeal, Lagos division (“The lower Court” for short) delivered on the 16th day of May, 2014 which affirmed the judgment of the Lagos State High Court [Trial Court) delivered on 13th December, 2007.

The appellant herein, who was the 2nd accused person at the trial Court, was charged along with three other co-accused persons before the trial Court on four counts charge of conspiracy to commit armed robbery, murder and receiving stolen goods, contrary to Sections 403A, 402(2) (A),319(1) and 427 of the Criminal Procedure Code, Cap 32,Vo1.2 Laws of Lagos State of 1999 respectively. In proof of its case, the prosecution (now respondent) called three witnesses and tendered eight (8) exhibits i.e. Exhibits A to H, while the 2nd accused/appellant did not call any witness but testified on his behalf. During the trial, the prosecution sought to tender a confessional statement which it alleged was voluntarily made by the accused/appellant and the appellant herein, objected to the admissibility of the said confessional statement on the ground

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that it was not made voluntarily by him. In compliance with the law, the trial Court conducted a trial within trial in order to determine the voluntariness of the said confessional statement. At the end of the mini-trial, the Court held that the statement was made voluntarily and admitted it in evidence and marked it as Exhibit D. The trial thereafter proceeded in earnest and in the end, the trial Court found or held that the prosecution/respondent had proved its case beyond reasonable doubt that the appellant and the three other co-accused persons committed all the offences as charged and convicted them accordingly.

Piqued by the judgment of the trial Court, the appellant appealed to the Court of Appeal [the lower or Court below), albeit without success. Miffed by the judgment of the Court below affirming the conviction and sentences passed on him by the trial Court, the appellant further appealed to this Court.

The case of the prosecution is that on the 9th of December, 2000, the deceased late Chief Layi Balogun arrived at Muritala Muhammad International Airport from Abuja at around 3.30pm after which he, in company of his security detail, one Sgt

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Olajide Longe, Ieft for his (deceased’s) office situate at No.1, Balogun Street, Oregun, Ikeja, Lagos. The security detail was in mufti. Then at about 9.00pm both of them left the office for the deceased’s residence at No.26, Oluwole Street, Akoka along with the deceased’s driver.

On approaching his residence, the gate was opened when the deceased and his security detail were accosted by five unknown armed men who fired gun shots towards the chest of the security detail. Thereafter, the deceased, the security detail and other members of the deceased’s family were taken hostage by the five gun-men. After about ten to fifteen minutes later, both the deceased i.e. Chief Balogun and the security detail were shot after which the gun-men carted away with the deceased’s cell phone, omega wrist watch and a sum of N20,000.00 and fled the scene of the crime. The Chief and the security detail were later rushed to hospital where the former passed on.

On filing this appeal at the Supreme Court, the appellant in keeping with the practice and rules of this Court, prepared his brief of argument and served same on the respondent. The Appellant’s brief of argument,

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settled by F. Ajibola Dalley Esq., was filed on his behalf on 18th August, 2017. In the said brief of argument, two issues were identified for the determination of this appeal which are set out hereunder:

1. Whether the eminent justices of the Court of Appeal ought to have upheld the learned trial Judges decision to admit the appellant’s purported extra judicial statement being “Exhibit D” (Ground No.1).
2. Whether beyond “Exhibit D”, there was adequate, cogent and sufficient evidence to convict the Appellant of the charge of conspiracy to commit armed robbery and murder (Grounds 2, 3, 4 and 5).

Upon being served with the appellant’s brief of argument, the learned counsel for the respondent also filed a brief on behalf of her client on 17th October, 2017. The said Respondent’s brief of argument was settled by Adedoyin Rhodes-Vivour and therein, two issues were identified as germane for the determination of this appeal. The dual issues are reproduced below: