CORAM

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JUSTICE, ITA.G. MBABA (PJ), OFR,JUSTICE COURT OF APPEAL

JUSTICE, PATRICIA A. MAHMOUD,JUSTICE COURT OF APPEAL

JUSTICE, PETER O. AFFEN,JUSTICE COURT OF APPEAL

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PARTIES

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UMAR ALI

APPELLANTS 

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THE STATE

RESPONDENTS 

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AREA(S) OF LAW

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CRIMINAL LAW, EVIDENCE, CONSTITUTIONAL LAW, PRACTICE AND PROCEDURE

 

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SUMMARY OF FACTS

The Appellant was charged along with two others (now at large) for conspiracy to commit armed robbery and armed robbery. On April 27, 2016, they allegedly robbed Mrs. Elisheba Jelani at gunpoint at Karewa Extension Ward, Yola North, stealing her Toyota Starlet vehicle and other valuables. Following a tip-off, police arrested the suspects the next day and recovered the vehicle with a pump action gun hidden inside. The victim identified the Appellant as one of the robbers. The Appellant made a confessional statement admitting the crime. The trial court convicted him and sentenced him to death.

 

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HELD

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1. The appeal was dismissed.

2. The conviction and sentence of the trial court were affirmed.

3. The Court found the prosecution proved its case through eyewitness testimony, confessional statement, and circumstantial evidence.

4. Minor discrepancies in witness testimony were held immaterial to the substance of the case.

 

 

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ISSUES

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Whether the prosecution proved the offences charged beyond reasonable doubt against the Appellant ?

 

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RATIONES DECIDENDI

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PROOF OF CRIME – THREE MAIN WAYS OF ESTABLISHING GUILT

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“There are three main ways of proving commission of crime, namely: (1) By evidence of eye witness of the commission of the offence; (2) By confessional statement of the accused, adjudged voluntarily made, to admit the offence, and (3) By circumstantial evidence, which directly or cogently fixes the accused person with the crime.” – Per Ita G. Mbaba, JCA

 

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CONFESSIONAL STATEMENT – BEST EVIDENCE OF GUILT

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“The best evidence that an accused person committed an offence is his confessional statement which would state clearly that he committed the crime for which he is charged. This is conclusive evidence that the accused person committed the offence, provided that the evidence was not beaten out of him.” – Per Mbaba, JCA

 

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CONFESSIONAL STATEMENT – SUFFICIENCY FOR CONVICTION

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 “By law, a confessional statement is enough evidence, and, in fact the best evidence, to establish commission of offence, coming from the accused person himself where the confession is adjudged voluntarily made.” – Per Mbaba, JCA

 

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DISCREPANCIES IN EVIDENCE – MATERIALITY TEST

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“Of course, the law allows room for discrepancies in evidence at trial, given human frailties, provided the discrepancy or inconsistency is not material to the proof of the charge.” – Per Mbaba, JCA

 

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MINOR DISCREPANCIES – EFFECT ON PROSECUTION’S CASE

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“Not every discrepancy in the case of the prosecution renders the case impotent… the pungent evidence of Pw1 and Pw2, the Scene of crime and the very evidence of the Appellant himself at the trial clearly show that the discrepancy highlighted is not such as can destroy the case of the prosecution.” – Per Mbaba, JCA

 

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CONFESSIONAL STATEMENT – ADMISSION THROUGH ANOTHER OFFICER

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The extrajudicial statement of an accused person may be tendered through a police officer in the team of investigators other than the one who recorded it where the recorder has been transferred out of jurisdiction at the time of trial or no longer in service.” – Per Peter O. Affen, JCA

 

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MODES OF PROOF – SUFFICIENCY OF EACH

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“Each of these modes of evidential proof is sufficient to ground the Appellant’s conviction for the offences of criminal conspiracy and armed robbery with which he was charged.” – Per Peter O. Affen, JCA

 

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RECENT POSSESSION – PRESUMPTION

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“A man who is in possession of stolen goods soon after the theft is either the thief or has received the goods knowing them to be stolen, unless he can account for his possession.” – Per Peter O. Affen, JCA

 

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OVERLAPPING PROOF – EFFECT ON DEFENCE

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 “Where the various ways of proving the commission of offence coalesce, the accused person is in trouble as it would be difficult getting out of the web of proof.” – Per Mbaba, JCA

 

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REPLY BRIEF – PROPER PURPOSE

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“A Reply brief is filed when an issue of law or argument raised in the Respondents brief of argument call for a reply… a reply brief is not a forum for introducing fresh argument or repetition of argument already advance in the Appellant’s brief.” – Per Mbaba, JCA

 

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IDENTIFICATION – VICTIM’S TESTIMONY

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 “The PW1 had given a vivid account of how the Robbers attacked her and snatched her car, at gun point, and had identified the Robbers, including the Appellant.” – Per Mbaba, JCA

 

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CIRCUMSTANTIAL EVIDENCE – RECOVERY OF STOLEN PROPERTY

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“The vehicle snatched from PW1 at gunpoint was eventually found in the possession of, and recovered from, the Appellant (and others) within 24 hours of occurrence of the incident.” – Per Peter O. Affen, JCA

 

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MULTIPLE MODES OF PROOF – STRENGTH OF PROSECUTION CASE

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“This a watertight case in which the Respondent discharged the non-shifting burden of establishing the Appellant’s guilt on the criminal threshold of proof beyond reasonable doubt by deploying all three modes of evidential proof in a criminal trial.” – Per Peter O. Affen, JCA

 

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CASES CITED

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STATUTES REFERRED TO

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1. Evidence Act 2011

2. Robbery and Firearms (Special Provisions) Act Cap R11 Laws of Federal Republic of Nigeria 2004

3.  Constitution of the Federal Republic of Nigeria 1999 (as amended)

 

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