Musa Ikaria V. The State (2010)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

SIDI DAUDA BAGE, J.C.A.: (Delivering the Leading Judgment)

This is an appeal against the judgment of Onafowokan J of Ogun State High Court of Justice, sitting at Otta in Charge No. HCT/7R/2000 – Musa Ikaria Vs. The state delivered on the 7th day of March 2003. The Appellant as accused person in the court below, was charged as follows:-

COUNT 1:

“That you Musa Ikaria (M), Godwin Awin (M) and others now at large, on or about the 1st day of February, 1999, at No. 1, Adekunle Close, Agosi Estate, Ifo, in the Otta Judicial Division conspired together to commit the offence of Armed Robbery, contrary to Section 5(b) and punishable under Section 1(2) (a) of the Robbery and Firearms (Special Provisions) Act, 1990 as amended by the Tribunals (Certain Consequential Amendments, etc) Act, 1999”.

COUNT II:

“That you Musa Ikaria (M), Godwin Awin (M) and others now at large, on or about the 1st day of February, 1999, at No. 1, Adekunle Close, Agosi Estate, Ifo in the Otta Judicial Division while armed with offensive weapons to wit firearms and knives robbed one Bose Adekunle of a sum of N18,500 and six pairs of golden jewelleries valued at N10,000 and thereby committed an offence, contrary to Section 1(2) (a) of the Robbery and Firearms (Special Provisions) Act, 1990 as amended by the Tribunals (Certain Consequential Amendments, etc) Act, 1999.

Dated this 2nd day of February, 2000.”

Briefly, the prosecution’s case at the High court, Otta, was that, at about 9.00 p.m. of 1st February, 1999 there was an armed robbery incidence at No. 1, Adekunle close, Agosi Estate, Ifo. The victim of the armed robbery was the p.w.3 – Mrs. Bose Adekunle, the landlady of No. 1, Adekunre close, Agosi, Ifo. She was robbed of the sum of N18,500.00 and jewelleries, The Appellant was arrested on the 1/2/99 by the 2nd p.w. – Herbert Ntom, about the time and around the scene of the armed robbery while the 2nd person was arrested by the P.W.1 – Ola Sokanbi on the 2nd day of February, 1999 about 8.00 p.m. in Agosi Estate, Ifo. The Appellant was consequently charged with the offence of conspiracy and armed robbery.

At the trial, the prosecution called four (4) witnesses and tendered the exhibits through the fourth witness, but the evidence of the fourth witness was not considered in judgment, because, it was inconclusive and not tested. The Appellant testified in his own defence. He denied committing the offence he was charged with. He claimed not to know the house where the offence was committed and that the allegation that he was armed was not true. At the end of the trial, both Counsel for the prosecution and the defence addressed court, and the learned trial Judge, in a considered judgment delivered on the 7th of March, 2003, convicted the accused person (Appellant) on the two count charge and accordingly sentenced him, as contained at page 54 of the record as follows:-

“I am constrained by the mandatory provisions of the Robbery and Firearms (Special Provisions) Act, Cap 398 Laws of Nigeria, 1990. I have no discretion in the matter. The accused is therefore sentenced to death.”

It is against this conviction and sentence that the accused person has appealed to this Court. The Appellant filed a Motion on Notice dated 17th November, 2006 and filed same day, seeking for an order granting leave to the Appellant to amend the Notice of Appeal dated 17th day of March, 2003 which was granted. The Appellant filed a 2nd Amended Notice of Appeal dated 4th of April, 2007 also filed same day. It was also granted. The 4th of April Amended Notice of Appeal contains six (6) grounds of appeal which are reproduced below:-

GROUNDS OF APPEAL:

GROUND ONE:

“The learned trial Court erred in law when it relied on hearsay evidence to convict the Applicant of the offence of armed robbery and sentenced him to death.”