Mohammed Opeyemi Babatunde v. The State Of Lagos (2023)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

MUHAMMAD IBRAHIM SIRAJO, JCA (Delivering the leading judgment)

The Ikeja Division of the High Court of Lagos State, (the lower court) Coram: Oshodi, J., on the 15th day of June, 2022, delivered its judgment in charge No: ID/5890c/2017, wherein the learned trial Judge convicted the appellant together with one other person, on the 2 counts of conspiracy to commit a felony and the offence of making a false statement to public officer.

Consequent to his conviction, the appellant was sentenced, on the 27th day of September, 2022, to a 10-year term of imprisonment without an option of fine on the 1st count and one-year imprisonment with an option of N250,000 fine on the 2nd count. The appellant was however acquitted on the 3rd count, to wit, False representation to release a kidnapped person.

The appellant was dissatisfied by the said decision of the lower court and initiated the instant appeal vide a 2-ground notice of appeal dated and filed on 17th October, 2022 vide pages 798-801 of the record.

This was later amended by an amended notice of appeal dated and filed on 26th January, 2023 but deemed as properly filed on 10th July, 2023. The appellant’s brief of argument was also filed on 17th January, 2023 in line with the rules of the court, same was settled by Lawal Pedro, SAN. FCIArb; with Olayinka Owoeye, Ph.D; T. O Sanni, Esq., and R. O Olushi, Esq. Two issues were distilled for determination, thus;

i. Whether the learned trial Judge was right to have convicted the appellant for conspiracy to kidnap contrary to section 3 of the Kidnapping Prohibition Law of Lagos State and sentenced him to 10 years imprisonment.

ii. Whether the learned trial Judge was right when he held that the appellant conspired with the 1st defendant to stage a faked kidnap.

The appellant, in addition to the foregoing, also filed a reply brief on 6th April, 2023 but deemed as properly filed on 10th July, 2023, in response to the respondent’s brief.

The respondent on the other hand, filed a respondent’s brief, dated and filed on 14th March, 2023, settled by T. K. Shitta-Bey (Ms), Solicitor- General of Lagos State; Jubril Kareem, Esq., Principal State Counsel; Wahab O. Lawal, Esq., State Counsel, all of the Directorate of Public Prosecutions in the Attorney General’s Chambers, Ministry of Justice, Lagos State, wherein 2 issues were set down for determination in the appeal, thus;

1. Whether the learned trial Judge was right to have convicted the appellant when the essential ingredients of the offences have been proved against him?
2. Whether the learned trial Judge was right to have sentenced the appellant having found him guilty of the conspiracy to commit fake kidnap?

The highlight of the respective cases of the parties in this appeal is succinctly stated thus: By a 3-count information, dated 1st August, 2017, the appellant, together with two other co-defendants in the lower court, was charged for the following offences;

i. Conspiracy to commit a felony contrary to section 411 of the Criminal Law of Lagos State.

ii. Making false statement to Public Officer with intent contrary to section 96(a) of the Criminal Law of Lagos State and

iii. False representation to release a kidnapped person contrary to section 6(1) of the Kidnapping Prohibition Law of Lagos State .

As a defendant in the lower court, the appellant pleaded not guilty to each of the 3 counts in the information upon his arraignment.