Mohammed Mahmud V. The State (2016)

LawGlobal-Hub Lead Judgment Report

SOTONYE DENTON-WEST J.C.A. 

This appeal is against the judgment of Osun State High Court sitting at Ikirun Judicial Division delivered on 29th day of March, 2012. The Appellant was arraigned before the Court on a 3 count charge of conspiracy and armed robbery under the Robbery and Firearms (Special Provision) Act, CAP R.11, Laws of Federation of Nigeria 2004.

Upon arraignment, the Appellant pleaded not guilty to the 3 count charge. To prove the guilt of the Appellant, the prosecution called two witnesses and tendered a number of exhibits. The Appellant gave evidence for himself in defence and called no witness.

The case of the prosecution was that the Appellant with others at large invaded Student’s Hostel Accommodation of the Osun State Polytechnic, Iree, armed with knife and turning stick and robbed the students of their valuables like handset and money. It was the case of the Appellant that he is a Fulani man and that he did not steal anything from anybody. He maintained that with the permission of the security on campus, he was allowed to sell books, biro and stationeries on campus. He

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further stated that he thumb-printed his extrajudicial statement but that same was not read to him before he was made to thumb-print.

At the end of trial, the trial Court found the Appellant guilty of the three counts and sentenced him to death by hanging.

The Appellant dissatisfied with his conviction and sentence appealed to this Court vide a Notice of Appeal dated 13/4/2012 but filed on 16/4/2012, containing 5 Grounds of Appeal.

In compliance with the Rules of this Court, Mr. T. S. Adegboyega Esq. filed a Brief of Argument on behalf of the Appellant. The Brief is dated and filed on 14th August, 2013. Adewale Afolabi Esq. also filed the Respondent’s Brief of Argument dated 2/5/2014 and filed 5/5/2014.

From the 5 Grounds of Appeal, learned counsel for the Appellant formulated and argued three issues for determination of this appeal, thus:
1. Whether there was conspiracy to commit armed robbery by the Appellant (Ground 4)
2. Whether the prosecutor’s case was proved beyond reasonable doubt against the Appellant (Grounds 1,2,3)
3. Whether the trial of the Appellant conducted by the (sic) learned Trial Judge was a nullity for

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failure to conform with Section 215 of the Criminal Procedure Law of Osun State CAP 35, Section 36(6)(a) of the 1999 Constitution of the Federal Republic of Nigeria 1999 (sic) (as amended) governing valid arraignment. (Ground 5)

Learned counsel for the Respondent also distilled 2 issues for determination of this appeal thus:
1. Whether the case of the prosecution was not proved beyond reasonable doubt to ground conviction.
2. Whether the arraignment was not proper in the circumstance.

At the hearing of this appeal on 9/3/2016, Mr. T. S. Adegboyega, identified the filed and exchanged Brief of Argument for the Appellant and thereafter adopted and relied on same urging us to allow the appeal and set aside the judgment of the lower Court and enter a verdict of discharge and acquittal for the Appellant. Also Mr. Dapo Ademiniji (DPP, Osun State) identified and adopted the Respondent’s Brief of Argument relying on same to urge us to dismiss the appeal and uphold the lower Court’s judgment.