AMOSHIMA VS THE STATE

CORAM

CHARLES OLUSOJI MADARIKAN

MUHAMMADU LAWAL UWAIS, CHIEF JUSTICENIGERIA

PARTIES

AMOSHIMA APPELLANTS

THE STATE RESPONDENTS

AREA(S) OF LAW

SUMMARY OF FACTS

The Accused/Appellant and others were charged with the offences of conspiracy and armed robbery contrary to sections 5(b) and 1(2) (a) of the Robbery and Firearms (Special Provisions) Act at the High Court of Niger State. The trial Court found the Accused/Appellant guilty and sentenced him to death. Dissatisfied with their conviction, the Accused/Appellant appealed to the Court of Appeal which confirmed his conviction thus culminating into an appeal to the Supreme Court.

HELD

Appeal dismissed

ISSUES

Whether the mandatory death penalty as provided by Robbery and Firearms Special Provisions Act and upheld by the Hon. Court of Appeal is not unconstitutional (being a negation of sections 4 and 6 and in breach of Appellant’s right of appeal under section 241 (1) (e) etc of the Constitution of the Federal Republic of Nigeria, 1999. Was the court below right in its decision that the Robbery and Firearms (Special Provisions) Act, Cap. 398 is a State Law? Whether the Hon. Court of Appeal was right to hold that the Attorney General of Niger State had the Constitutional power and competence to initiate the proceedings under the Robbery and Firearms (Special Provisions) (Amendment) Act No. 62 of 1999 has withdrawn his powers to prosecute under the said statute

RATIONES DECIDENDI

MAXIMUM SENTENCE AND MANDATORY SENTENCE ARE IRRECONCILABLE

“The law recognizes the existence of maximum and mandatory sentences in criminal law proceedings both of which mean different things and are irreconcilable.”

DEATH SENTENCE IS STILL APPLICABLE IN NIGERIA

“Whereas in very many jurisdictions the death sentence is frowned upon or even abolished, in Nigeria, it is firmly entrenched in our statutes”

DUTY OF THE LEGISLATURE TO ENACT LAWS

“It is the duty of the legislature to enact laws, that of the judiciary is to interpreted the laws so made. It follows therefore that where there is a dissatisfaction with the state of the law as it exists, and a desire for a change thereof is expressed by the people, it is the duty of the legislature which made the law in the first place to effect the needed reforms by amendment thereto.”

PUNISHMENT FOR THE OFFENCE OF ROBBERY SIMPLICITA

“An accused person convicted of an offence of robbery simplicity is liable to a term of imprisonment for not less than twenty-one years”

MEANING OF THE WORD “SHALL”

“The use of the word “shall” in an enactment, such as the instant one, is usually interpreted to mean a mandatory provision which must be obeyed as it is. The word is usually employed to denote or express a command or exhortation or what is legally regarded as mandatory” PER ONNOGHEN, JSC
DUTY ON COURT TO IMPOSE MANDATORY SENTENCE IMPOSED BY STATUTE “It is settled law also that where a statute prescribes a mandatory sentence in clear terms as in the instant case, the courts are without jurisdiction to impose anything less than the mandatory sentence as no discretion exists to be exercised in the matter. It is a duty imposed by law.”

DUTY OF THE COURT TO INTERPRETE AND APPLY THE LAW

“The duty of the court is to declare and apply the law as it is not to make or amend the law. If there is the need to amend the existing law, the duty to do so falls on the legislature which has so far not acted to the contrary.”

CASES CITED

Diokpa Onochie vs Odogwu (2006) All FWLR (pt. 317) 544|TANKO VS THE STATE (2009) 1- 2S.C (pt. 1) 198

STATUTES REFERRED TO

Robbery and Firearms (Special Provisions) Act|

CLICK HERE TO READ FULL JUDGMENT