Jeremiah Dogo v. Commissioner Of Police (2024)

LAWGLOBAL HUB Lead Judgment Report – SUPREME COURT

TIJJANI ABUBAKAR, JSC (Delivering the leading judgment)

This appeal is against the judgment of the Court of Appeal Abuja Division, delivered on the 7th day of January, 2021, affirming the conviction and sentence to 10 years imprisonment of the appellant by the High Court of Federal Capital Territory Abuja, delivered on the 3rd day of October, 2018 for armed robbery punishable under sections 6(b) and 1(2)(a) (b) of the Robbery and Firearms (Special Provisions) Act Cap R.11 Laws of the Federation of Nigeria, 2004.

Just by way of summary of facts giving rise to this appeal, the appellant was arraigned before the High Court of Justice of the Federal Capital Territory Abuja on two counts charge of conspiracy to commit armed robbery and armed robbery.

Appellant was specifically alleged to have robbed one Williams Ishaya of his HP and Toshiba laptops, three cell phones, two pairs of shoes, one tee shirt and Etisalat modem, while armed with offensive weapons cutlass and stick.

At the trial before the court, the prosecution called 5 witnesses who testified and tendered exhibits marked as exhibits A to C1, the confessional statement of the appellant was also tendered and admitted as exhibit at the trial.

At the trial, when the prosecution sought to tender the confessional statement of the appellant, there was vehement objection by the learned counsel for the appellant. The trial court ordered counsel to file written addresses on the objection to the admissibility of the confessional statement.

The trial court then delivered ruling dismissing the objection, the confessional statement was then admitted by the court.

At the close of the case of the prosecution, the appellant testified on his own behalf. In a judgment delivered at the end of the trial, appellant was found guilty, the court therefore convicted and sentenced him to 10 years imprisonment on each count of the two counts of charge.

Appellant was miffed by the decision of the trial court and therefore appealed to the lower court. Appellant’s appeal was heard and dismissed in part, the court affirmed the sentence and conviction of the appellant for the offence of armed robbery and acquitted him of the offence of conspiracy to commit armed robbery. Appellant became nettled by the decision of the lower court and further appealed to this court.

Before this court, learned counsel Salako filed the appellant’s brief of argument on the 16th March, 2021, learned counsel Moneme filed the respondent’s brief of argument on the 26th day of March 2021. Appellant’s appeal is premised on four grounds of appeal found at pages 348 – 354 of the records of appeal.

In the appellant’s brief of argument, learned counsel Salako nominated and argued two issues for determination, the issues are reproduced as follows:

1. Whether there was any reliable evidence in proof of the identity of the appellant to support the decision of the Court of Appeal affirming the decision of the trial court that the respondent proved the offence of armed robbery against the appellant beyond reasonable doubt.
2. Whether the Court of Appeal was right to have affirmed the decision of the trial court convicting and sentencing the appellant for the offence of armed robbery.

The learned counsel for the respondent adopted the issues nominated for discourse by the appellant. For completeness, I will still reproduce the issues adopted by the respondent, they are as follows:

1. Whether there was any reliable evidence in proof of the identity of the appellant to support the decision of the Court of Appeal affirming the decision of the trial court that the respondent proved the offence of armed robbery against the appellant beyond reasonable doubt.
2. Whether the Court of Appeal was right to have affirmed the decision of the trial court convicting and sentencing the appellant for the offence of armed robbery.

Submissions of counsel for the appellant

Issue one