Rasheed Lasisi V. The State (2013)

LAWGLOBAL HUB Lead Judgment Report

MUSA DATTIJO MUHAMMAD, J.S.C.

This is an Appeal against the decision of the Ilorin Division of the Court of Appeal, hereinafter referred to as the Court below, dismissing the Appellant’s Appeal and affirming his conviction and sentence for the offences of robbery contrary to Section 1(1) of the Robbery and Firearms (Special Provisions) Act CAP 398 LFN 1990 and culpable Homicide punishable under Section 224 of the Penal Code by the Kwara State High Court, hereinafter referred to as the trial Court. The brief facts of the case leading to the appeal are herein under supplied at once.

The Appellant and another person were arraigned before the High Court of Kwara State on a two count charge in charge No.KWS/28C/2004 . Respondent’s case is that on the 9th and in the early hours of 10th October 2003, the accused person robbed the Rock Field petroleum Nigeria Ltd. They took away properties of the filling station worth about N44,340.00k and in the course of the robbery caused the death of Obioma Nwakocha one of the two security guards at the filling station. Appellant’s co-accused is the 2nd security guard at the filling station.

The incidence of the armed robbery was reported to the police by pw3 who, on 10th October, 2003, discovered the fact of the robbery, the murder of Obioma Nwakocha and the disappearance of the 2nd guard, Silas Sule Mohammed, Appellant’s co-accused, from the venue of the crime.

It is Respondent’s further case that the Appellant was arrested on the 20th October 2003, some ten days after the robbery and the death of Mr. Nwakocha at the Rock field Petrol Station at Mr. Olusola Adebuyo’s (PW4) house for burglary. Exhibits 4 and 5 are Appellant’s extra judicial statements wherein, particularly in Exhibit 5, he admitted being, together with the 1st accused, Silas Sule Mohammed, responsible for the robbery at the Rock Field filling station along Fate Road, Ilorin and the death of the other security guard, Mr. Nwakocha. The content of Exhibit 5 led to the arrest of the said Silas Sule Mohammed at Ajase – Ipo on the 22nd October, 2003 and the subsequent arraignment of both accused persons.

Appellant testified in his own defence. A vulcanizer, he denies being arrested in Pw4’s house on 20th October 2003. Instead, he asserts that he was arrested on the 10th of October, at around 8.00am on his way to his work place. Appellant also denies having made Exhibits 4 and 5 to the police. He told the Court that his failure to sign the statements the police said he had made resulted in his being shot at on his leg.

Silas Sule Mohammed, the 1st accused charged along with the Appellant, also gave evidence in his own defence. He equally denies having been arrested at the Ajase-Ipo Police Station on his being identified by the Appellant. Mr Sule told the trial Court that he was arrested when he went to the Kulende Police Station around 3pm on the 10th October 2003 to report the robbery that took place at his work place.

At the end of the trial, which included the trial within trial to ascertain the admissibility of Appellant’s extra judicial statements, Exhibits 4 and 5, and Counsel addresses, the trial Court found the Appellant guilty of the offences of robbery under Section 1 of the Robbery and Firearms (special provisions) Act CAP 398 Laws of the Federation and homicide not punishable with death under Section 224 of the penal code. The trial Court in concluding its judgment dated 14th December 2006, sentenced the Appellant accordingly.

Dissatisfied with the judgment of the trial Court, the Appellant appealed to the Court below which judgment of 11th February, 2011 dismissed Appellant’s appeal and affirmed the trial Court’s conviction and sentence of the Appellant in respect of the two offences. Still aggrieved, the Appellant has appealed to this Court on two grounds.

In the Appellant’s brief settled by his Counsel, M. J. Onigbanjo Esq and filed on 7th June 2011, two issues have been distilled as having arisen for the determination of the appeal thus:-

“(i) Whether the alleged confessional statements contained in Exhibits 4 and 5 were of such quality that a Court of law could rely upon in convicting the Appellant of the offences with which he was charged.

(ii) Whether the Prosecution proved its case against the Appellant beyond reasonable doubt.

At page 6 of the Respondent’s brief settled by M. A. Oniye, two issues have equally been distilled from the two grounds in the Appellant’s notice for the determination of the appeal. The issues are:-

“i. Whether the Court below was right to have relied on the Appellant’s confessional statements, exhibits 4 and 5, in affirming his conviction by the trial Court. {Distilled from ground one}