Saturday Palma V. The State (2013)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

MOJEED ADEKUNLE OWOADE, J.C.A. (Delivering the Leading Judgment)

This is an appeal against the judgment

of O. D. Afolabi J. of the Osun State High Court sitting at Ikire delivered on 5th day of July, 2013.

The Appellant and one other accused person were charged with conspiracy and armed robbery pursuant to Section 6 (b) and 1 (1) and 1 (a) of the Armed Robbery and Firearms (Special Provision) Act Cap. R. 11 Laws of the Federation of Nigeria 2004.

The case of the prosecution as related by their sole witness, Inspector Danladi Audu, the IPO is that on the 28th day of April, 2007, a case of armed robbery was transferred to his unit, the special Anti ? Robbery Squad Oke – Bale Osogbo with the accused persons and exhibits.

He took the statement of the complainant and later visited the scene of the crime at Ikire. He took the cautionary statement of the two accused persons. When he saw it was confessional, he took them before a superior police officer who questioned the accused persons as to the voluntariness of the statements before he countersigned each. He said that his team traced the stolen motorcycle to Ondo State but they

did not recover it. He tendered Exhibit ‘A’, the cutlass used in the commission of the crime without objection from the accused persons and their counsel. The witness also tendered Exhibits “B”, “C”, “D” and “E” the extra judicial Statements Of the Appellant without objection by the defence.

He also tendered Exhibit “F” – the extra judicial statement of 2nd accused person without objection by the defence. He denied that he obtained the extra – judicial statements of the Appellant and the 2nd accused person by threat.

The case of the Appellant is that on the 3rd of April, 2007, he was on his way to Ibadan to buy clippers. The motorcycle he boarded was stopped by police men who asked for the particulars of the motorcycle.

The motorcycle owner and the other passenger were subsequently taken to Ayedaode police Station, Ikire. He was later taken by the police to his residence. It was then he saw the 2nd accused person coming from the farm and the policemen arrested him and three other persons. He did not know the 2nd accused person and that he was beaten at SARS and shot on the leg. (At the trial, he tried to show a bullet wound in his leg to the

Court, but there was no such wound). He denied conspiracy and armed robbery. He admitted that he thumb printed Exhibits ?B?, ?C’, “D” and “E” which were shown to him.

At cross – examination, the Appellant said his statement was taken at Ikire and not SARS. And that when his statement was admitted in the course of trial, he told his lawyer that it was obtained by force.

He said that he informed the Court too that he was hanged. He admitted that before his statements were admitted, it was shown to him by his lawyer and that he identified his thumb print. He said that his lawyer did not object to the statement being admitted as Exhibit.

At the end of the trial, the learned trial judge noted that the procedure whereby the learned counsel made “heavy weather” of the involuntariness of the Appellant’s statement in his submission after the close of the prosecution’s case is strange to our procedural law.