KAZEEM ANIMASHAUN V. THE STATE

Legalpedia Citation: (2024-07) Legalpedia 22254 (CA)

In the Court of Appeal

HOLDEN AT IBADAN

Fri Jul 12, 2024

Suit Number: CA/IB/94C/2022

CORAM

HON. JUSITICE O.E. WILLIAMS-DAWODU, Justice Court of Appeal

HON. JUSTICE BALKISU BELLO ALIYU, Justice Court of Appeal

HON. JUSTICE MUSLIM SULE HASSAN, Justice Court of Appeal

PARTIES

KAZEEM ANIMASHAUN

APPELLANTS

THE STATE

RESPONDENTS

AREA(S) OF LAW

Criminal Law, Conspiracy, Armed Robbery, Evidence, Burden of Proof

SUMMARY OF FACTS

The armed robbery, contrary to Sections 6(b) and 1(2)(a) of the Robbery and Firearms (Special Provisions) Act, Cap R11, Laws of the Federation of Nigeria, 2004. The offences were allegedly committed on February 19, 2011, at Danco Filling Station along the Lagos/Ibadan Expressway and Ishara Remo in the Sagamu Judicial Division.

The trial court found the appellant guilty of conspiracy and armed robbery based on Counts 1, 3, and 4, sentencing him to death. Dissatisfied with the decision, the appellant lodged an appeal at the Court of Appeal.

HELD

The Court of Appeal dismissed the appeal, affirming the trial court’s judgment. The court held that the prosecution had proven the charges beyond a reasonable doubt, and the appellant’s conviction was valid.

ISSUES

Whether the conviction of the appellant for conspiracy and armed robbery was supported by the weight of evidence.
Whether the trial court erred in admitting and relying on the appellant’s confessional statements without subjecting them to validity tests.
Whether the purported identification parade was a mere charade.

RATIONES DECIDENDI

CONSPIRACY – ELEMENTS OF CONSPIRACY IN CRIMINAL LAW

“Conspiracy is the meeting of two or more minds to carry out an unlawful act. It is rarely proved by direct evidence but can be inferred from actions or statements.” – Per Hassan, JCA

PROVING CONSPIRACY – REQUIREMENT TO PROVE AGREEMENT BETWEEN PARTIES “

“To secure a conviction for conspiracy, the prosecution must establish an agreement between two or more persons to commit an unlawful act. In this case, the appellant’s confessional statement and witness testimonies were sufficient proof of conspiracy.” – Per Hassan, JCA

ARMED ROBBERY – PROVING PARTICIPATION IN AN ARMED ROBBERY

The prosecution must prove that a robbery occurred and that the accused participated. In this case, the testimonies of the victims and the confessional statements corroborated the evidence of the appellant’s involvement.” – Per Hassan, JCA

CONFESSIONAL STATEMENTS – TEST FOR VALIDITY AND ADMISSIBILITY

The court must ensure that a confessional statement was made voluntarily and without coercion. The appellant’s confessional statements were admitted after the court determined their voluntariness.” – Per Hassan, JCA

IDENTIFICATION – EVIDENTIARY REQUIREMENTS FOR A VALID IDENTIFICATION PARAD

An identification parade must follow a proper procedure to ensure fairness. The identification of the appellant was credible, as the witness was able to recall distinct physical features.” – Per Hassan, JCA

EVIDENCE – CREDIBILITY OF WITNESS TESTIMONY IN CRIMINAL TRIALS

Where the testimony of a witness remains unshaken during cross-examination, it is deemed credible. The witnesses in this case provided consistent and detailed accounts of the appellant’s involvement.” – Per Hassan, JCA

BURDEN OF PROOF – PROVING CRIMINAL LIABILITY BEYOND REASONABLE DOUBT

The prosecution carries the burden of proving the guilt of the accused beyond reasonable doubt. In this case, the evidence and confessional statements met the required standard.” – Per Hassan, JCA

ARMED ROBBERY – PROOF OF USE OF OFFENSIVE WEAPON DURING THE ROBBERY

To prove armed robbery, it is necessary to establish that the assailants used offensive weapons. The testimony of the victims regarding the use of guns was sufficient proof.” – Per Hassan, JCA

PRESUMPTION OF INNOCENCE – REQUIREMENT FOR THE PROSECUTION TO REBUT THE PRESUMPTION

Every accused person is presumed innocent until proven guilty. The prosecution successfully rebutted this presumption with compelling evidence of the appellant’s involvement in the crime.” – Per Hassan, JCA

CONFESSIONS – NECESSITY FOR CORROBORATION OF CONFESSIONAL STATEMENTS

While a confession alone can lead to conviction, it is preferable that confessions be corroborated by other evidence. In this case, the confessional statements were supported by witness testimony.” – Per Hassan, JCA

CONVICTION – BASIS FOR CONVICTION IN CRIMINAL LAW

A conviction can be sustained if there is sufficient evidence showing that the accused committed the offense. The confessional statements and corroborating evidence were sufficient to support the conviction.” – Per Hassan, JCA

RELIABILITY OF CIRCUMSTANTIAL EVIDENCE IN CRIMINAL TRIALS

Circumstantial evidence can be as compelling as direct evidence in criminal trials. The circumstantial evidence in this case pointed directly to the appellant’s involvement.” – Per Hassan, JCA

PROCEDURE – PROOF OF CHAIN OF CUSTODY FOR EVIDENCE

The prosecution established a clear chain of custody for the evidence presented at trial, ensuring its integrity and admissibility.” – Per Hassan, JCA