Silas Sule Muhammed V. The State (2011)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

TIJJANI ABDULLAHI, J.C.A. (Delivering the Leading Judgment)

This is an appearance against the decision of the High court of Justice, Ilorin Division, Kwara state presided by Banji Orilonise (J) delivered on the 14th day of December, 2006, in suit No. KWS/28C/2004.

The Appellant and one other were charged with the offence of Armed Rubbery and culpable Homicide punishable with death before the learned trial Judge contrary to section 1 of the Robbery and Fire Arms (Special Provision) Act, cap. 398, LFN and section 221 of the penal code respectively.

The two counts charge for which they stood trial read thus:

CHARGE 1

“That you Silas Sule Mohammed (m) and Rasheed D. Lasisi (m) on or about the 9th and the early hours of the 10th day of October, 2003 in Ilorin, Kwara State within the judicial division of this Honourable Court robbed the Mini-Mart of Rock Field Petroleum Nigeria Limited opposite Former FRSC office Fate Road, Ilorin and carted away valuables amounting to N44,340.00k and you thereby committed an offence punishable under Section 296 of the Penal Code.”

CHARGE 2

“That you Silas Sule Mohamed (m) and Raheed Lasisi (m) on or about the 9th and the early hours of the 10th day of October, 2003 in Ilorin, Kwara State within the judicial division of this Honourable Court while robbing the Mini-Mart of Rock Field Petroleum Nigeria Limited opposite former FRSC office, Fate Road, Ilorin caused the death of one Obioma Nwokocha, a security guard employed by Rock Field company from Kuta Guard Security outfit and you thereby committed an offence punishable under section 221 of the Penal Code.”

The two counts charge were read and explained to the Appellant and the co-accused in Yoruba language and they pleaded not guilty as charged. The case proceeded to trial wherein the prosecution called four witnesses and tendered some Exhibits while each accused person testified in his own defence but called no witness. Counsel filed and exchanged written addresses which they adopted in open count.

In a reserved judgment delivered on the 14th day of December, 2006, the learned trial Judge held inter alia thus:

“l have painstakingly considered all defences that could have availed the accused persons but I have not been able to find any defences available to them. I have already ejected (sic) the defence of the 1st accused that it was some armed robbers other than himself and the 2nd accused that raided Rock Field Petrol Station on 10th October, 2003 and inflicted injuries on Obioma Nwokocha. This is in view of the inconsistency and contradictions between his testimony in court and the confessional statement Exhibit 4 which he made to the police. It is for the same reason that I reject the defence of the 2nd accused that he did not participate with the 1st accused to cause injury to the deceased. Their defences were after thoughts and I disbelieve them.

I therefore find each of them guilty of the lesser offence of culpable homicide not punishable with death contrary to section 224 of the penal Code and convict them accordingly.”

Dissatisfied with the decision of the learned trial judge, the Appellant, who was the first accused at the lower court, approached this court and filed a notice of appeal which carries four grounds of appeal.

The grounds shorn of their particulars are as follows: