Legalpedia Citation: (2023-03) Legalpedia 93554 (CA)

In the Court of Appeal

Holden at Gombe

Wed Mar 29, 2023

Suit Number: CA/G/124C/2022

CORAM

ALI ABUBAKAR BABANDI GUMEL JUSTICE COURT OF APPEAL

JAMILU YAMMAMA TUKUR JUSTICE COURT OF APPEAL

EBIOWEI TOBI JUSTICE COURT OF APPEAL

PARTIES

USMAN BULAMA ARI

APPELLANTS

1. THE STATE
2. ZULKIFULU ADAMU

RESPONDENTS

AREA(S) OF LAW

APPEAL, CONSTITUTIONAL LAW, CRIMINAL LAW AND PROCEDURE, EVIDENCE, PRACTICE AND PROCEDURE

 

SUMMARY OF FACTS

The Appellant and the 2nd Respondent were charged, arraigned, tried, convicted and sentenced on the two count charge of conspiracy and armed robbery pursuant to the provisions of the Penal Code and the Robbery and Firearms Act.

Aggrieved, the Appellant made the instant appeal against the judgment of the High Court of Yobe State, Damaturu Judicial Division.

HELD

Appeal allowed

ISSUES

1.Whether the Respondent has discharged the burden of proof placed on him in establishing a case beyond reasonable doubt against the Appellant?

2.Whether the Respondent has proved the ingredients of the offence under Section 2 (1) (b) of the Robbery and Firearm (Special Provision) Act CAP R11 LFN 2004 to warrant the conviction of the Appellant for the offences charged?

3.Whether failure of the trial Court to properly evaluate the evidence before it as well as resolving the issues formulated by the Appellant counsel before arriving at its decision has occasion serious miscarriage of justice?

4.Whether or not Exhibit A the confessional statement of the Appellant to which the trial Court rely on convicting him is admissible by law?

RATIONES DECIDENDI

APPELLATE COURT – THE DUTY OF AN APPELLATE COURT IN HEARING AN APPEAL

Well, whether I will re-evaluate will be a function whether I agree with Appellant that the lower Court did not evaluate the evidence before it in coming to the conclusion it did. My duty as an appellate Court is to find out whether the decision of the lower Court was right in the light or in the face of the evidence before it. The duty of an appellate Court is not to do the duty of the lower Court except if doing so will ensure justice is done and when the lower Court did not do what it ought to have done. The appellate Court is to correct the error or better still the miscarriage of justice occasioned by the decision of the lower Court, after all the main duty of all Court is to do justice in its substantial sense and not in its technical sense. In Atanda & Ors vs Ajani & Ors (1989) LPELR-589(SC), the apex Court brought out the duty of an appellate Court in hearing an appeal. The Court held:

“…an appellate Court is only left with a duty to see:

(a) Whether there was evidence to support the findings and/or the decision of the trial Court.

(b) Whether the trial Court has made a correct assessment of the evidence before it.

(c) Whether the trial Court has wrongly accepted or rejected any evidence tendered at the trial. Or

(d) Whether there has been an erroneous appraisal of facts leading to erroneous conclusions in the case.” See A. Anyaoke v. Dr. F. Adi (1986) 3 N.W.L.R. 731 at 742, Mogaji Per CRAIG, J.S.C.

– Per Ebiowei Tobi, JCA

 

COURT – THE DUTY OF COURT

The real issue before this Court in determining whether the judgment of the lower Court is correct is whether there was evidence before it which it evaluated before coming to the finding and conclusion it reached. This is crucial as the duty of Court is to evaluate the evidence before it. – Per Ebiowei Tobi, JCA

CASES CITED

STATUTES REFERRED TO

1. Penal Code
2. Robbery and Firearms (Special Provision) Act CAP R11 LFN 2004
3.  Evidence Act 2011
4. Administration of Criminal Justice Law 2020 of Yobe State
5. Indictments Act, 1915

CLICK HERE TO READ FULL JUDGMENT