Yusuff Al-hassani V. The State (2010)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

GEORGE OLADEINDE SHOREMI J.C.A: (Delivering the Leading Judgment)

This is an appeal by the Appellant against his conviction by the High Court of Justice Benin City.

The back ground of the case is that, the Appellant as 3rd accused was charged with two others for the following offences:

COUNT 1:

That you Uzor George ‘m’ Otas Idehen ‘m’ Yusuff Al-Hassani ‘m’ and others now at large on the 8th day of September, 2005 at No. 5, Ameze street behind Benson Idahosa university Benin city, in the Benin Judicial Division, did conspired amongst yourselves to commit felony to wit: Armed Robbery committed an offence punishable under S.5(b) of the Armed Robbery and Fire Arms (special Provisions) Act cap 39g of the Federation of Nigeria 1990.

COUNT II:

That you Uzor George ‘m’ Osas Idehen ‘m’, Yusuff All- Husseni ‘m; and others now at large at No.5 Amenze Street behind Benson Idahosa University, Benin City, in the Benin Judicial Division, did rob rob one Generator, Tiger made plant valued N13,500.00,00k, one GSM Handset Nokia 11,00 valued N9,500.00k one sharp colour Television 14 inches valued N17,500.00k Two wedding Rings valued N12,000.00k, A pair of show valued N7,500.00k and the sum of N11,000.00k cash property of one Agbi Stephen ‘m’ and at time of the said robbery you were armed with guns and thereby committed an offence punishable under section 1(2) (a) of the Armed Robbery and fire arms (Special Provision) Act, Cap 398, Laws of the Federation of Nigeria 1990.

COUNT III:

That you Uzor-George ‘m’, Osas Idehen ‘m’, Yusuff All- Husseni ‘m’ and others now at large at No.5, Amenze Street behind Benson Idahosa University Benin City, in the Benin Judicial Division, did rob one GSM Handset Nokia 7200 camera with Glo line No. 08054573942 valued N70,000.00k, one Pressing Iron valued N12,500.00K one Bed sheet valued N3,000.00K, Two Sunny C.D. Speakers valued N35,000.00 and the sum of N10,050.00K cash property of one Agwi Cletus ‘m’ and at the time of the said of property of one Agwi armed with guns and you were armed with guns thereby committed an offence punishable under section 1(2) (a) of the armed robbery and fire arms (Special Provision ) Act, Cap. 398, Laws of the Federation of Nigeria 1990.

The prosecution called witnesses and the Appellant gave evidence in his own defence. It will be necessary to state his defence as much as can be the relevant portion is as follows I quote –

“After about one month the said Sampson came to me with one big bag and said he had bought a small generator for his barbing salon but he wants to sell it and travel to Lagos. I told him to bring it to the boys quarters where I live. He said it is new and he bought it for N13,500.00. He told me to pay N6,000.00 but I offered N4,000.00 and he accepted. I requested for the receipt and he said he would bring it the next day After he left I saw one pressing iron, one remote and a bed sheet inside the bag he brought. I carried the bag to my boys’ quarters with the intention of giving it to him when he brings the receipt. I did not see him until about two weeks later when two people entered my house and said they are policemen. The invited me to the vehicle they brought and asked if I could identify the person inside but I told them I did not know the person. But the person inside when he was asked whether I am the one said I am the one they are looking for. I was arrested and taken back to my house and conducted a search and removed my TV, generator. I bought from Sampson, and other things. They requested for the receipts and I told them somebody sold the generator to me but Justice Akpata gave me other items, I told police that Sampson will bring the receipt when he comes to work and that he works upstair in the main house. I opened the house at their request and they search it ad recovered Sampson’s tools. They are hammer, 2 cutlasses, ct long scissious or cutter. I told them I did not know the house of Sampson. I offered to take them to my Oga who sent Sampson to work in the house but they said they wanted Sampson. I was taken to the police station. At the station a man identified the generator as his own but said the other items were not for him. I was then detained. The boy that was brought to my house told me at the police station that he was the person who came with Samson to my house. The boy is the 1st accused person in this charge now in the dock. I was suspended and my hands and legs were tied up and one police man told me to tell him the truth but I told him I could not speak Hausa which he was speaking to me. I was then asked what happened and I told them. They asked whether I knew 1st accused and I said yes. They asked whether I went to rob with them and I said no. I told them I did not realize the boy who identified me in the vehicle was the person who came to my house with Sampson hence I did not tell them before then. I told them I did not know Sampson’s house or whether he had a gun or where he keeps it. As I was still suspended and being tortured I then said Sampson had a gun and the police men started laughing. I was then brought down but I could not stand up. I made a statement to the police. I deny the three count charge against me. I did not conspire with them to commit robbery. I only saw 2nd accused at the police station. I did not rob with them at any time any of the items listed in the charge. The TV and the CD and other things removed from house are still at the police station.

Cross-examination by Mrs. Aziegbemhin:- when the police came to arrest me then came with the 1st accused. I did not know Sampson before the day my Oga sent him to work in the compound. It is true Sampson does not sleep in the compound. Except when Sampson says he had work to do somewhere he leaves his tools in the house. It is not true that I used the tools to commit robbery. It was when the 1st accused came to my house with Sampson that I first saw him. It is not true that the first accused know me before then and was parking his bus in my compound. Sampson is not my friend. It is not true that we robbed with the tools Sampson left in my care. It is not true that the Oga did not introduce Sampson to me.

Mrs. Otoghile Esq:- Before the date of my arrest I know the first accused person but I did not remember the knowing him on that day they brought him in a vehicle. I did not know he was a bus driver. It is not true that he usually parks his bus in my compound

Edewi Esq cross examines the 3rd Accused. I did not know for the first time, on the day we were going to court.