Makanjuola V. State (2021)

LAWGLOBAL HUB Lead Judgment Report

IBRAHIM MOHAMMED MUSA SAULAWA, J.S.C.

The present appeal has emanated from the judgment of the Court of Appeal, Ilorin Judicial Division, delivered on May 18, 2018 in appeal NG. CA/IL/C.19/2017. By the judgment in question, the Court below, Coram C. N. Uwa, K. A. Barka, and B. M. Ugo, JJCA affirmed the conviction and sentence (to death) of the Appellant by the trial High Court of Kwara State.

Dissatisfied with the said conviction and sentence passed thereupon, the Appellant appealed to the Court below. By the vexed judgment thereof, the Court below came to the following conclusion:

In the present appeal, there is nothing on record to show that the appellant had a license to possess the gun he was found in possession of and I had held that the gun falls within the definition of “firearm” under the Robbery and Firearms (Special Provisions) Act. The three ingredients stated above were established. Therefore, the conditions under the Act were met. The Appellant was rightly convicted for illegal possession of firearms.

On the offence of armed robbery pursuant to Section 1(2) of the Act. … All the three

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ingredients were established by the prosecution at the trial Court…

In sum, having resolved all the issues against the appellant, I hold that the appeal is without merit. I dismiss it. I affirm the conviction and sentence of the appellant by the trial Court.

The Appellant’s notice of appeal is predicated upon a total of 8 grounds, thereby urging this Court to allow the appeal and set aside the conviction and sentence passed thereupon by the trial Court and affirmed by the Court below.

On February 11, when the appeal came up for hearing, the learned counsel addressed the Court and adopted the articulated argument contained in their respective briefs, there by warranting this Court to reserve judgment to today.

​The Appellant’s brief of argument, settled by M. I. Hanafi Esq on 29/05/2020, was actually deemed properly filed and served on 24/09/2020. It spans a total of 40 pages. At page 5 thereof, four issues have been couched:

(i) Whether the Court of Appeal rightly affirmed the conviction of the Appellant in view of the admission of the evidence tending to show the bad character of the Appellant at the trial; distilled from

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ground 6 of the grounds of appeal.