Kareem Sunday V. The State (2014)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

HARUNA SIMON TSAMMANI, J.C.A. (Delivering the leading Judgment)

Kareem Sunday who is the Appellant in this appeal was arraigned, tried and convicted for having committed the crime of armed robbery, which is an offence contrary to Section 1(2)(a) of the Robbery and Firearms (Special Provisions) Act, Cap. R.11, Laws of the Federation of Nigeria, 2004.

The brief facts of the case have been ably set out in the judgment of the court below. It is to the effect that, the Appellant who was wearing a black cap, black goggles and a black handkerchief which covered his mouth, visited the cement shop of one Ramotalai Alege under the pre that he was buying cement. He then requested to know the price of one bag of cement, which was divulged to him by the said Ramotalai Alege who testified at the trial as the PW1.

According to the prosecution, the Appellant then requested to know the price of seventy (20) bags, and as the PW1 was about taking out a calculator from her bag, the Appellant suddenly snatched the bag and bolted out of the shop. The Appellant then jumped onto a waiting motor cycle in a bit to escape with the PW1 in pursuit. That the Appellant then threatened her (PW1) with a dagger which he pulled out from his back pocket, but the PW1 then began to shout for help, which attracted people to the scene.

According to the PW1 when people started coming to the scene, the person who was waiting with the motor cycle tried to move away with the Appellant, but the PW2 pulled down the motor cycle and the Accused/Appellant then jumped down and started running away.

However, with the help of people and a policeman who happened to be at the scene, the Appellant was arrested together with the motor cyclist and taken to the police station. That the bag the Appellant snatched from the PW1 contained the sum of three thousand, six hundred naira (N3,600.00) only.

The defence of the Appellant is that, he was a farmer and a commercial motorcyclist before the incident which led to his arrest, trial and conviction. He stated that, on the 9th day of March, 2004, he took his motorcycle to Ijebu-Igbo for business in the evening. That as he was moving around, a young man waved him down and requested to be taken to the Licensing office.

That on getting to the Licensing office, he stopped and demanded for his fees, but the young man came down from the motorcycle and crossed to the other side of the road, while telling him (Appellant) to wait for him. That he then parked aside and that as he was waiting, he saw some people fighting with his passenger and rushing towards him.

According to the Appellant, the people then started beating him to the extent that he sustained injury on his head. That himself and the passenger were then arrested and taken to the Police Station at Ijebu-Igbo.

The Appellant further stated that, at the Police Station in Ijebu-Igbo, his passenger was released on bail, while he (Appellant) was taken to the State Criminal Investigation Department (State C.I.D.), Abeokuta together with the motorcycle. That he had made a statement at the the Ijebu-Igbo Police Station, which he contends contains the evidence he was giving in court.

He denied making any statement at the State C.I.D., Abeokuta, and insisted that, the only statement he made to the Police is the one he made at Ijebu-Igbo. That the Police at the State C.I.D. wrote the statement (Exhibit B) and asked him to sign and he did. He also contended that, at the State C.I.D., Abeokuta, the Police enquired about the whereabouts of his passenger, and the I.P.O. at Ijebu-Igbo was arrested as a result of his failure to produce the said passenger. The Appellant therefore denied committing the offence.

At the trial, the prosecution called three witnesses, who testified as the PW1, PW2 and PW3 respectively. They also tendered eight Exhibits which were admitted in evidence as Exhibits A, B-B1, C, D, E-E1 and F respectively. The Appellant testified in his defence but called no other witness. He also did not tender any Exhibit. At the conclusion of evidence, counsel on either side addressed the court.

Thus, in a considered judgment delivered on the 28th day of December, 2011, the learned trial Judge; N. I. Agbelu, J found the Appellant guilty as charged, and proceeded to convict him accordingly. The learned trial Judge then sentenced him to death by hanging. The Appellant is displeased with his conviction by the trial court and has now filed this appeal.

The Notice of Appeal which is at pages 82-82E of the record of appeal, consists of ten (10) Grounds of Appeal. In compliance with the Rules of this court, the parties filed and exchanged Briefs of Arguments. The Appellant’s Brief of Arguments was dated and filed the 28/05/2014. Therein, the Appellant formulated three (3) issues for determination as follows: