MUSA MUHAMMAD v. THE STATE

CORAM

SULEIMAN GALADIMA

PARTIES

MUSA MUHAMMAD APPELLANTS

RESPONDENTS

AREA(S) OF LAW

SUMMARY OF FACTS

SUMMARY OF FACTS
The Accused/Appellant was charged before the trial Court for armed robbery contrary to Section 1(2) of the Robbery and Firearms Act Cap 398 LFN 2009. He claimed to have boarded a commercial motorcycle with the intent of robbing the owner of the said motorcycle, but on alighting from the motorcycle, he hit the rider of the motorcycle with a cutlass thereby inflicting a deep cut on the rider of the motorcycle and was subsequently arrested. At the end of the trial, the Court found the Appellant guilty and convicted him accordingly. Aggrieved with the conviction of the trial Court, the Accused/Appellant has appealed to this Court.

HELD

Appeal Dismissed

ISSUES

Were the conviction and sentence of the appellant lawful and right in view of the evidence adduced before the learned trial Judge.

RATIONES DECIDENDI

FINDINGS OF FACTS – AN APPELLATE COURT WILL BE CAUTIOUS IN DISTURBING THE FINDINGS OF FACTS MADE BY THE LOWER COURT UNLESS THE FINDINGS ARE NOT BASED ON EVIDENCE

“It is settled law that an appellate court will be cautious in disturbing the findings of facts made by the lower court unless the findings are not based on evidence or are perverse and have led to miscarriage of justice. See Omomeji & Ors V Kolawole & Ors [2008] 14NWLR (PT 1106) 180; Woluchem V Gudi & Ors (1981) SC. 519; Uwah & Anot V Akpabio & Anor [2014] LPELR – 22311 (SC)”.

FINDINGS OF FACTS – FINDINGS OF FACTS AGAINST WHICH THERE IS NO APPEAL REMAINS BINDING

“Findings of facts against which there is no appeal remains binding and conclusive. See Alahija V Abdullahi [1998] 6NWLR (Pt 55) 1 at 24; Odiase V Agho (1972) ALL NLR PT. 175; Nwabueze V Okoye (2002) 10 WRN 123.”

CONVICTION OF AN ACCUSED FOR A LESSER OFFENCE – TO CONVICT AN ACCUSED FOR A LESSER OFFENCE IT MUST BE SHOWN THAT THE PARTICULARS, FACTS AND CIRCUMSTANCES OF THE ORIGINAL OFFENCE ARE SIMILAR TO THE LESSER OFFENCE

“Musdapher JSC (as he then was) in The Nigerian Air Force V Kamaldeen (2007) 3SC (Pt II) 131 had this to say on conviction of an accused for a lesser offence than the offence charged.
“It must be shown that the particulars and the fact and the circumstances of the original offence charged are the same or similar to the lesser offence.”

CONVICTION OF AN ACCUSED FOR A LESSER OFFENCE – POWERS OF THE COURT TO CONVICT AN ACCUSED OF A LESSER OFFENCE

“A court has the power under s.218 of the Criminal Procedure Code to convict an accused/appellant of a lesser or an offence for which he was neither charged nor pleaded to”. See Ezeja V State (2008) 10 NWLR (Pt.1096).

CONVICTION OF AN ACCUSED FOR A LESSER OFFENCE – CONDITIONS THAT MUST EXIST FOR THE PROVISION OF SECTION 219 OF THE CRIMINAL PROCEDURE CODE TO APPLY

“The provision section 219 of the Criminal Procedure Code is in pari materia with Section 179of the Criminal Procedure Act, and for it to apply, the following conditions must be observed:-
(a) The charge or indictment in respect of which the accused is subsequently convicted for a lesser offence must contain words to include both offences.
(b) The evidence led and facts found though insufficient for conviction of the aggravated offence charged, must support the conviction for the lesser offence.
(c) It is in all cases not necessary to charge the accused with the lesser offence with which he is being convicted”.

LESSER OFFENCE – A LESSER OFFENCE IS A COMBINATION OF SOME OF THE SEVERAL PARTICULARS MAKING UP THE OFFENCE CHARGED.

“In Torhamba v. Police (1956) NWRL at P.94, Shosimbo v. State (1974) 10 SC 91, Oyediran v. Republic (1976) NMLR 122 and Nwachukwu v. State (1986) 2 NWLR (Pt.25) 765, it was held that a lesser offence is a combination of some of the several particulars making up the offence charged”.

CASES CITED

NONE

STATUTES REFERRED TO

Criminal Procedure Act|Criminal Procedure Code|Robbery and firearms (Special Provision) Act Cap. 398 LFN 2009|

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