CORAM

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JUMMAI HANNATU SANKEY JUSTICE, COURT OF APPEAL

IBRAHIM SHATA BDLIYA JUSTICE, COURT OF APPEAL

EBIOWEI TOBI JUSTICE, COURT OF APPEAL

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PARTIES

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AHMED BAKO

APPELLANTS 

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THE STATE

RESPONDENTS 

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AREA(S) OF LAW

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APPEAL. COURT, CRIMINAL LAW AND PROCEDURE, LAW OF EVIDENCE, PRACTICE AND PROCEDURE

 

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SUMMARY OF FACTS

The case of the Prosecution (now Respondent), is that, the management of the Kashim Ibrahim College of Education, Maiduguri, Borno State, reported to the Police that unknown persons were issuing  fake statements of result, which were not issued by the College. Upon investigation by the Police the Appellant and 3 others, were arrested for allegedly being in possession of fake statements of results as if it were issued by the said College of Education. The Appellant was arraigned before the High Court of Justice, Borno State, convicted and sentenced to ten (10) years imprisonment and fined N500,000.00, and if in default of payment, to serve 2years imprisonment. Dissatisfied with the conviction and sentence, the Appellant filed a Notice of appeal to this Court.

The Appellant sought some reliefs in the event of the appeal succeeding; an order allowing the appeal, setting aside the judgment conviction and sentence by the lower court, discharge and acquit the Appellant and substitution of the sentences with a mild fine.

 

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HELD

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Appeal Dismissed

 

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ISSUES

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Whether, on the totality of the evidence adduced by the prosecution before the lower court, Exhibits F5, F6 and F7 were in possession of the appellant, and have been proved to be fake and forged by him to warrant his conviction as charged

 

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RATIONES DECIDENDI

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DETERMINATION OF AN APPEAL – UNFETTERED DISCRETION OF AN APPELLATE COURT TO RESTRUCTURE OR FORMULATED ISSUES FOR DETERMINATION

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“The law is trite, in the determination of an appeal, an appellate court may adopt the issues formulated for determination either or both of the parties or may reframe or restructure or formulate entirely different issues(s) for the just determination of the appeal in so far as they are related or based on the grounds of appeal contained in the notice of appeal.  To reinforce the preposition of the principles of law as enunciated supra, I refer to the case of Chabasaya Vs Anwasi (2010) 10 NWLR (PT. 1201) P. 163 @ 181, wherein the Supreme Court espoused that an appellate Court can ignore some or all issues formulated in the briefs of argument and formulate its own issues the way it deems them to be material once they are distilled from the grounds of appeal.  In P.S.H.S.M.B. V. Goshwe (2013) 2 NWLR (PT. 1338) P. 383 @ 399 the Supreme Court adumbrated that an appellate Court has an unfettered discretion to restructure or formulated issues for determination to meet the justice of the case. In others words, the purpose is to narrow the issue or issues in controversy for accuracy, clarity and brevity. See Okoro Vs State (1988) 5 NWLR (PT 94) 255; Latunde V Lajinfi (1989) 3 NWLR (PT 108) 177; Awojugbagbe Light Industries Ltd Vs Chinukwe (1995) 5 NWLR (PT. 330) 379; Ogunbiyi Vs Ishola (1996) 6 NWLR (PT 452) 12.  PER I.S.BDLIYA, J.C.A

 

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OFFENCE OF BEING IN POSSESSION OF FORGED DOCUMENTS – INGREDIENTS OF THE OFFENCE OF BEING IN POSSESSION OF FORGED DOCUMENTS THAT THE PROSECUTION MUST PROVE

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“I agree with both learned counsel that, to prove the commission of the offence of being in possession forged documents, punishable under section 368 of the Penal Code, Borno State, the following ingredients must be proved by cogent and credible evidence, they are thus:

1.That the document was forged

2.That it was in the possession of the accused

3.That he held its possession knowing it to be forged and knowing that it would be used fraudulently or dishonestly as a genuine document

4.That the document was one described in section 362 and 363 of the Penal Code.

 

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CONFESSIONAL STATEMENT – REQUIREMENTS TO BE SATISFIED FOR A CONFESSIONAL STATEMENT TO BE ATTACHED EVIDENTIAL WEIGHT TO CONVICT

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“A confessional statement is the strongest evidence of guilt on the part of an accused person. It is the best evidence in the criminal jurisprudence. For a confessional statement to be attached evidential weight to convict, there are certain requirements to be satisfied, which are:

1. Is there anything outside the confession to show that it was true?

2. Are the relevant statements made in it of facts true as far as they can be tested?

3. Is the confession possible?

4. Was the accused person seized of the opportunity to commit the offence?

5. Is it consistent with other facts?

 

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CASES CITED

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STATUTES REFERRED TO

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Evidence Act

Penal code

 

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