Sgt. Monday Yakubu V. The State (2011)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

JIMI OLUKAYODE BADA, J.C.A (Delivering the Leading Judgment)

This is an appeal against the Judgment of the High Court of Justice, Egbe, Kogi State in Charge No. HCL/18C/2002 – The State v. Sgt. Monday Yakubu & 4 Others delivered on the 11th day of May 2005.

The Appellant and 4 Others were charged for the offences of:-

(i) Criminal conspiracy, contrary to Section 93.

(ii) Culpable homicide, punishable with death contrary to Section 221 (a); and

(iii) Armed robbery contrary to Section 298(b) all of the Penal Code.

At the trial, the Prosecution called a total of 9 witnesses and tendered 29 exhibits.

The Appellant who was the 1st Accused at the lower Court challenged the voluntariness of the additional statement that he made to the Police. A trial within trial was ordered by the learned trial Judge. Two witnesses gave evidence for the Prosecution while the Appellant gave evidence at the trial within trial. In a considered Ruling, the learned trial Judge admitted the statements.

At the conclusion of the main trial the Appellant was found guilty of the offence of criminal conspiracy and he was convicted and sentenced to 10 years imprisonment in the Judgment delivered on 11th May 2005.

The Appellant being dissatisfied with the Judgment now appealed to this Court.

The learned Counsel for the Appellant formulated two issues for determination of the appeal and they are set out as follows:-

“(i) Whether from the legally admissible evidence adduced at the trial, the Prosecution had proved its case against the Appellant beyond reasonable doubt? (Grounds 1, 2, 3, 5 and 6 of the Notice and Grounds of Appeal.)

(ii) Whether the failure by the learned trial Judge to fully comply with the Provisions of Section 191 of the Criminal Procedure Code has not rendered the entire trial a nullity? (Ground 9 of the Notice and Grounds of Appeal.)”

The learned Counsel for the Respondent on the other hand formulated two issues for determination of the appeal, they are set out as follows:-