The State v. Moses Isijola (2023)

LAWGLOBAL HUB Lead Judgment Report – SUPREME COURT

MOHAMMED LAWAL GARBA, JSC (Delivering the leading judgment)

The respondent and two (2) other persons were convicted by the High Court of Niger State, setting at Bida (trial court) for the offences of conspiracy and armed robbery punishable under the provisions of sections 97(2) and 298 (c) of the Penal Code Law of Niger State and sentenced to six (6) months under section 97(2) and to five (5) years imprisonment with hard labour as well as a fine each of N50,000.00 each, under section 298 (c) of the Penal Code.

It is pertinent to state that the charge against the appellant and the others was placed before the trial Court vide an application for leave to prefer a charge dated 3rd April, 2013 and signed by one Baba Aliyu, Esq; Resident State Counsel, Bida.

The application was made under the provision of section 185(b) of the Criminal Procedure Code (CPC) and in accordance with Rule 3 of the Criminal Procedure (Application for leave to prefer a charge in the High Court) Rules, 1970.

Among other copies of documents attached to the application, was the four (4) counts charge sought to be preferred before the trial court against the Respondent and the other persons named therein. The copy of the document titled “Charges” annexed to the application was neither headed in the trial court nor signed by the said resident state counsel.

Leave was granted by the trial court to prefer a charge before it against the persons named on the April, 2013, the case adjourned to 15th April, 2013 for mention and copies of the proof of evidence were directed to be served on all the accused persons, who were at the time, in prison custody as well as the officer in charge of the Legal Aid Council office in Bida, to represent the accused persons.

On the 15th April, 2013, the appellant along with the others appeared before the trial court and Mr. A. B. Folorunsho, of the Legal Aid Council, appeared for them as directed by that court.

No separate charge was filed before then and subsequently, but the “Charges” attached to the application to prefer the charge were read and explained to the accused persons to which they pleaded not guilty.

Trial proceeded thereafter, in the course of which the charge was amended on the 19th November, 2013, and the accused persons pleaded to the amended charge and at the conclusion of the evidence by the appellant, the learned senior counsel who took over the defence of the accused persons, decided not to call evidence in defence, but to challenge the validity of the charge against the accused persons on the ground that it was not signed by the Hon. Attorney General of Niger State or officers of his department.

After final addresses by the parties, the trial court in the judgment delivered on the 1st of July, 2015, decided that the charge was valid and convicted the respondent as charged.

The respondent’s appeal to the Court of Appeal, Abuja Division (Court below) was allowed on the ground that both the original and the amended charges were not signed and so invalid in law.

The charge was struck out and the respondent discharged

“Since the appellant was arraigned and tried on an invalid charge, there was neither a valid arrangement nor a valid trial”. (See page 457 of the record).

Aggrieved with the above decision by the court below, the appellant brought this appeal by the notice of appeal dated the 21st August, 2016 but filed on the 28th September, 2016, which appears at pages 463 – 466 of the record of appeal. The notice of appeal was regularized on the 8th of July, 2021 along with the record of appeal and appellant’s brief when the motion for extension of time was granted by the court and subsequently amended by the amended notice of appeal filed on the 14th October, 2022, but deemed on the 20th October, 2022.