Richard Goni V. The State (2014)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

ABDUL ABOKI, J.C.A. (Delivering the Leading Judgment)

This is an appeal against the judgment of Kaduna state High Court delivered on 06/06/2011 by G. Kurada J. whereby the Appellant was convicted and sentenced to death for the offence of Criminal Conspiracy and Armed Robbery.

The two (2) counts charge against the Appellant who was the 1st accused person and 4 other accused persons charged along with is adumbrated as follows:

THE CHARGED:

“COUNT ONE”

That you Richard Goni, Titus Simon, Luka Adamu, Dan Kagoma (at large) and Mathew (at large) on or about the 28th August 2008 agreed to do an illegal act to wit: armed robbery. Which armed robbery you carried out in pursuance of the said agreement and you thereby commited the offence of criminal conspiracy punishable under Section 6(b) of the Robbery and Firearms (special provisions) Act CAP R11 Laws of the Federation 2004.

“COUNT TWO”

That you Richard Goni, Titus Simon, Luka Adamu, Dan Kagoma (at large) and Mathew (at large) on or about the 28th August 2008 while armed with locally made pistols attacked the house of Chris Ike Okpe at No. 2 Kudenda Street, Sabon Tasha, Kaduna and robbed him of two Nokia and one Sagem GSM handset, one HI target and one deluxe wrappers, three sets of tie and dye materials, N18,000.00 cash and other valuables and you hereby committed the offence of armed robbery punishable under Section 1(2)(a) of the Robbery and Firearms (special provisions) Act Cap R11 Laws of the Federation 2004.”

The Appellant pleaded not guilty to the 2 counts charge. To prove its case the prosecution called 3 witnesses and tendered 5 Exhibits. The Appellant testified in his defence. At the close of their case the prosecution and the defence counsels, were given the opportunity to address the Court.

In convicting and sentencing the Appellant and other accused persons to death, the trial court in its judgment said inter alia thus;

“From the analysis I have made of the evidence of PW1, PW2 and PW3 vis-a-vis the contents of exhibits 1, 4 and 5, I hold the view that the confessions have passed the above tests and I have no doubt in my mind that the accused persons were the robbers that robbed the PW2 on 28/08/2008. I hold that the prosecution has proved its case against the three accused persons beyond reasonable doubt as required by law….. I find each of the three accused persons guilty of both counts of the charge and I hereby convict each of them of each of the two counts.

On count one of the charges, I sentence each of the convicts to death by hanging by the neck till he be dead or to suffer death by firing squad as the Governor of Kaduna state may direct

On count two of the charges, I sentence each of the convicts to death by hanging by the neck till he be dead or to suffer death by firing squad as the governor of Kaduna state may direct.”

Aggrieved by this decision of the lower Court the Appellant who is now a prisoner on the death row at Central Prison Kaduna filed a notice of appeal dated 19th August, 2011. The said notice of appeal contained 7 grounds of appeal and they are hereby adumbrated as follows;