Mohammed Ibrahim V. The State (2012)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

ADZIRA GANA MSHELIA, J.C.A. (Delivering the Leading Judgment)

This is an appeal against the judgment of the High Court of Oyo State, Ibadan Judicial Division (Presided over by Hon. Justice A. L. Akintola), delivered on 27th February, 2009, wherein the appellant was convicted of the offences of conspiracy and armed robbery and sentenced to death.

The appellant was on the 27th of November, 2007, arraigned before the High Court of Oyo State, Ibadan Judicial Division upon a two count charge of conspiracy to commit armed robbery contrary to section 6(b) and punishable under section 1 (2) (a) and (b) of the robbery and firearms (special provisions) Act Cap R.II Vol. XIV Laws of the Federation of Nigeria 2004 and armed robbery, contrary to and punishable under section 1(2) (a) of the Robbery and Firearms (special provisions) Act Cap R.II. Vol. XIV, Laws of the Federation of Nigeria 2004.

The plea of the accused now appellant was taken to the two count charge and he pleaded not guilty. Trial commenced. Prosecution in proof of its case called five witnesses and tendered 18 exhibits. The appellant gave evidence in his own defence and denied committing the offences charged. Appellant did not call any witness. In a considered judgment delivered on 27th February, 2009 by Akintola J. appellant was convicted in respect of the offences of conspiracy and armed robbery and sentenced to death.

Appellant felt unhappy and consequently lodged an appeal to this court against his conviction vide his Notice of appeal dated 5th March, 2009. On 20th October, 2010, this court granted leave to the appellant to amend his Notice of Appeal dated 3rd May, 2010 and same was deemed properly filed and served.

In compliance with the rules of court appellant filed his brief of argument on 19/11/10 but same deemed properly filed on 14/2/11. Respondents brief dated 14/3/11 was filed on same date. When the appeal came up for hearing both appellant’s and respondent’s counsel adopted their respective briefs of argument.

In appellant’s brief of argument he formulated two issues from the five grounds of appeal for determination. The issues are:-

(i) Whether the prosecution proved the offences of conspiracy to commit robbery and armed robbery against the appellant.

(ii) Whether the defence under S.24 of the Criminal Code was not available to the appellant in the circumstance.

Respondent also formulated two issues for determination as follows:-

(i) whether the respondent proved its case against the appellant beyond reasonable doubt.

(ii) whether the appellant has set out a valued defence under section 24 of the criminal Code Cap 38, vol. 11 Laws of Oyo State, 2000.

In determining this appeal, I will be guided by the two issues formulated by the appellant.

While arguing issue 1 appellant’s counsel relied on the definition of conspiracy as stated by the Supreme Court in Obiakor vs. State (2002) 10 NWLR (Pt.776) 612 at 628 and contended that the essential ingredients of the offence of conspiracy to commit robbery were not proved against the appellant to justify his conviction by the lower court. It was submitted that prosecution did not establish that there was an agreement between the appellant and any other person to commit robbery. Learned counsel contended that if the court had properly appraised and evaluated the evidence before it, it would have come to a conclusion that the prosecution did not prove the offence of conspiracy to commit robbery against the appellant beyond reasonable doubt. Learned counsel argued that PW1 never mentioned the appellant throughout his testimony before the trial court neither did he link the appellant to the incident that took place on the 7th of March, 2005.