Legalpedia Citation: (2014) Legalpedia (CA) 11713
In the Court of Appeal
Fri Apr 11, 2014
Suit Number: CA/L/848/11
CORAM
PARTIES
IDRIS SANNI APPELLANTS
THE PEOPLE OF LAGOS STATE RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The 1st Defendant/Appellant was charged at the trial Court alongside the 2nd Defendant with conspiracy to commit armed robbery and armed robbery contrary to sections 403 (a) and 402 (2) (a) of the Criminal Code Law Cap C17 vol. 2 Laws of Lagos State, 2003. The trial Court found the 1st Defendant/Appellant and the 2nd Defendant guilty and sentenced them to death by hanging. Dissatisfied with the trial Court’s judgment, the 1st Defendant/Appellant appealed to the Court of Appeal.
HELD
Appeal Succeeds Partially
ISSUES
1. Whether the Learned trial Judge was right in the circumstances of this case to have convicted the Appellant based on the retracted confessional statements?
2. Whether the prosecution proved its case beyond reasonable doubt against the Appellant?”
RATIONES DECIDENDI
OFFENCES-ARMED ROBBERY-HOW THE OFFENCE OF ARMED ROBBERY CAN BE PROVED-WHEN TENDERING OF WEAPONS IS NOT NECESSARY
“Evidence of the use or possession of firearms or offensive weapon would be relevant to prove the aggravated offence of armed robbery. Where there is eye witness evidence indicating weapons were used it suffices without necessarily tendering the weapons, if recovered, in evidence as Exhibits”. PER IKYEGH JCA
OFFENCES-ARMED ROBBERY-NATURE OF WEAPONS NECESSARY FOR THE COMMISSION OF ARMED ROBBERY
“The weapons necessary for the offence of armed robbery are defined in section 403B of the Criminal Code thus –
“For the purpose of section 402, 403 and 403A, “Firearms” includes any canon, gun, flint-lock gun, revolver, pistol, explosive or ammunition or other firearm, whether whole or in detached pieces; “offensive weapon” means any article apart from a firearm made or adapted for use for causing injury to the person or intended by the person having it for such use by him and it includes an air gun, air pistol, bow and arrow, spear, cutlass, machete, dagger, cudgel, or any piece of wood, metal, glass, or stone capable of being used as an offensive weapon”. PER IKYEGH JCA
OFFENCES-ARMED ROBBERY-WHEN IT WILL BE NECESSARY TO PUT THE WEAPONS IN EVIDENCE AS EXHIBIT
“However, if there is no cogent, reliable and authentic oral evidence of an eye witness and there is also evidence that the weapons were recovered, it will be necessary to put the weapons in evidence as Exhibits. PER IKYEGH JCA
CONFESSION-NATURE OF CONFESSION THAT CAN WARRANT A CONVICTION WITHOUT CORROBORATION
“For it was held in the case of Adio v. State (1986) 2 NWLR (pt. 24) 581 per Oputa, J.S.C., (as he then was) that –
“A free and voluntary confession of guilt by an accused person, when it is direct and positive and satisfactorily proved, should occupy the highest place of authenticity when it comes to proof beyond reasonable doubt. That is why such a confession by itself alone is sufficient without further corroboration to warrant a conviction.” PER IKYEGH JCA
CONFESSIONAL STATEMENT-WHEN CAN A CONFESSIONAL STATEMENT GROUND A CONVICTION FOR ROBBERY
“A free, direct, positive and voluntary confessional statement is enough to ground a conviction for the offence(s) charged and confessed to by a defendant”. PER IKYEGH JCA
OFFENCE OF ROBBERY -DISTINCTION BETWEEN ROBBERY AND ARMED ROBBERY
“What makes a robbery offence different from an armed robbery offence is whether the robbers were armed with weapons at the material time”. PER IKYEGH JCA
CASES CITED
Abiodun v. State (2013) All FWLR (pt. 700) 1257 at 1268.Adio v. State (1986) 2 NWLR (pt. 24) 581Alarape and Ors. v. State (2001) 5 NWLR (pt. 705) 79 at 100Alo v. State (2010) LPELR 3751,F.R.N, v. Iweka (2011) 11 – 12 SC (pt. 1) 109.Gbadamosi v. State (1991) 6 NWLR (pt. 196) 192.John and Anor. v. State (2011) 18 NWLR (pt. 1278) 353 at 368Nwachukwu v. State (1986) 2 NWLR (pt. 25) 765)Offor v. State (2013) 25 W.R.N. 1 at 28 – 29Olayinka v. State (2007) 30 NSCQR 149 at 162-163 or (2007) All FWLR (pt. 373) 163.Oseni v. State (2012) 5 NWLR (pt. 1213) 350 at 382,
STATUTES REFERRED TO
Criminal Code Law Cap C17 vol. 2 Laws of Lagos State, 2003