Legalpedia Citation: (2024-07) Legalpedia 80429 (CA)

In the Court of Appeal

HOLDEN AT IBADAN

Mon Jul 15, 2024

Suit Number: CA/IB/89C/2021

CORAM

HON. JUSITICE UCHECHUKWU ONYEMENAM, Justice Court of Appeal

HON. ABUBAKAR MAHMUD TALBA, Justice Court of Appeal

HON. JUSTICE MUSLIM SULE HASSAN, Justice Court of Appeal

PARTIES

FATAI BALOGUN

APPELLANTS

THE STATE

RESPONDENTS

AREA(S) OF LAW

Criminal Law ,Evidence Law, Procedural Law ,Sentencing and Punishment , Constitutional Law

SUMMARY OF FACTS

The appellant, Fatai Balogun, along with another individual, was charged with conspiracy to commit armed robbery, armed robbery, and unlawful possession of firearms. The robbery took place on November 11, 2010, in Ijebu Ode, Ogun State, during which the victims were dispossessed of their valuables under threat of firearms. The appellant was arrested shortly after the robbery, and a locally made gun was recovered. Both the appellant and his co-accused were convicted on all counts and sentenced to death by hanging by the trial court. Aggrieved by the decision, the appellant appealed, citing procedural errors and insufficient evidence for the conviction.

HELD

The Court of Appeal allowed the appeal, setting aside the conviction of the trial court. It held that the prosecution failed to prove the offences beyond reasonable doubt due to the reliance on inadmissible hearsay evidence, and the failure to call vital witnesses, including the victims of the robbery.

ISSUES

1.Whether the trial court was correct in holding that the offences of armed robbery and unlawful possession of firearms were proved beyond a reasonable doubt?

2. Whether the trial court rightly convicted the appellant based on the confessional statement and circumstantial evidence?
3. Whether the trial court erred in admitting hearsay evidence from the police witness?
4. Whether the failure to call the robbery victims to testify fatally affected the prosecution’s case?

RATIONES DECIDENDI

CONFESSIONAL STATEMENT – REQUIREMENTS FOR ADMISSIBILITY

A confessional statement must be voluntarily made and supported by some corroborating evidence before a court can rely on it to convict the accused. In the absence of other credible evidence, the court cannot rely solely on a confessional statement, especially if retracted.” – Per M. S. Hassan JCA

HEARSAY EVIDENCE – INADMISSIBILITY OF HEARSAY EVIDENCE IN CRIMINAL PROCEEDINGS

1. Hearsay evidence is inadmissible in criminal proceedings. The prosecution must rely on direct evidence from witnesses who have first-hand knowledge of the facts.” – Per M. S. Hassan JCA

FAILURE TO CALL MATERIAL WITNESSES – IMPACT ON PROSECUTION’S CASE:

1. The failure of the prosecution to call material witnesses, particularly the victims of the robbery, is fatal to the case. The prosecution’s reliance on the testimony of a police officer who was not at the scene and did not witness the crime does not suffice.” – Per Uchechukwu Onyemenam JCA

CIRCUMSTANTIAL EVIDENCE – REQUIREMENTS FOR CONVICTION BASED ON CIRCUMSTANTIAL EVIDENCE

Circumstantial evidence must be cogent, compelling, and unequivocal, leading to the irresistible conclusion that the accused committed the offence. Where such evidence is inconclusive, a conviction cannot stand.” – Per M. S. Hassan JCA

SENTENCE OF DEATH – CONDITIONS FOR IMPOSING CAPITAL PUNISHMENT

Capital punishment should only be imposed when the evidence against the accused is overwhelming and leaves no room for doubt. A conviction based on weak evidence does not meet this standard.” – Per Abubakar Mahmud Talba JCA

RIGHT TO FAIR HEARING – IMPACT OF RELIANCE ON HEARSAY EVIDENCE

Reliance on hearsay evidence violates the accused’s constitutional right to a fair trial. A conviction cannot be sustained on such grounds.” – Per M. S. Hassan JCA

IMPROPER ADMISSION OF EVIDENCE – EFFECT ON CONVICTION

The improper admission of evidence, particularly the hearsay testimony of a police officer, can lead to the quashing of a conviction.” – Per Uchechukwu Onyemenam JCA

BURDEN OF PROOF – OBLIGATION OF THE PROSECUTION

1. The burden of proof lies squarely on the prosecution to establish the guilt of the accused beyond reasonable doubt. Any failure in this duty results in an acquittal.” – Per Abubakar Mahmud Talba JCA

EXTRA-JUDICIAL STATEMENTS – REQUIREMENT FOR CORROBORATION:

1. “Where a confession is extra-judicial, the court must seek corroboration from independent evidence. Without such corroboration, the confession lacks probative value.” – Per M. S. Hassan JCA

INVESTIGATION PROCEDURES – IMPACT OF DELAYS ON EVIDENCE:

Delays in the investigation, particularly in gathering critical evidence such as identifying stolen items, weaken the probative value of the evidence presented.” – Per Abubakar Mahmud Talba JCA

PRESUMPTION OF INNOCENCE – PROTECTION UNDER SECTION 36(5) OF THE CONSTITUTION:

1. “The presumption of innocence is a fundamental right under the Nigerian Constitution. The prosecution must displace this presumption with strong and credible evidence.” – Per Uchechukwu Onyemenam JCA

IDENTIFICATION OF ACCUSED – NEED FOR EYEWITNESS TESTIMONY OR EVIDENCE OF IDENTIFICATION:

1. In cases of armed robbery, the identification of the accused by the victims or eyewitnesses is crucial. Failure to provide such evidence undermines the prosecution’s case.” – Per M. S. Hassan JCA

UNLAWFUL POSSESSION OF FIREARMS – BURDEN OF PROOF ON PROSECUTION

The prosecution must prove beyond reasonable doubt that the accused was found in possession of firearms without a lawful license. Failure to establish this burden necessitates an acquittal.” – Per M. S. Hassan JCA

CASES CITED

STATUTES REFERRED TO

CLICK HERE TO READ FULL JUDGEMENT