Judgment
KENNETH IKECHUKWU AMADI, J.C.A. (Delivering the Leading Judgment): The appeal herein is against the judgment of the Kwara State High Court, sitting in Ilorin, (hereinafter referred to as the trial Court) delivered on 15th day of April, 2019 by Hon. Justice S.D. Kawu in Suit No. KWS/46c/2016. The facts leading to this appeal are that on 26/5/2016, the PW2 (Inspector Stanley) and his team were on stop and search operation along Ofa/Erinle Road in Kwara State when a commercial vehicle and its occupants were stopped and searched.
In the process, a locally made pistol with four (4) live cartridges and charms (exhibits1-8) were recovered from the Appellant’s bag. The Appellant was arraigned and tried on a 2(two) count charge.
The first is for being illegally in possession of a firearm without a license or lawful authority to carry same punishable under Section 3 (1) of the Robbery and Firearms Special Provisions Act Cap R II LFN 2004 and the second charge for being a member of the Eiye Secret society punishable under Section 1 of the Secret Society Law, Laws of Kwara State. At the conclusion of trial, the learned trial judge convicted the Appellant on the two charges and sentenced him to two years imprisonment with the option of N20,000.00 fine in respect of the first count of illegal possession of firearms and to ten (10) years imprisonment and a fine of fifty thousand (N50,000) in respect of the second charge of being a member of a secret society.
Aggrieved by his conviction and sentence the Appellant appealed to this Court and by an Amended Notice of Appeal filed on 3/11/2021 raised eight (8) grounds of appeal as follows: GROUND ONE: The learned trial Judge erred in law when his lordship wrongfully admitted the Appellant’s statement as Exhibit P9 and attached probative value to it. GROUND TWO: The learned trial Judge erred in law in relying on Exhibit P10 in deciding whether to believe the evidence of the prosecution that the accused was found in possession of Exhibit P2 or the denial of the Appellant that it was not found on him.
GROUND THREE: The learned trial Judge erred in law when his lordship held as follows: – “From the evidence of PW2 which was never shaken under cross-examination and the contents of Exhibit P9 and P10, I am satisfied that on 26/5/2016 along Erin-Ile/Offa road, the accused was found in possession of a locally made pistol admitted as Exhibit P2 before the Court”.
