Before Their Lordships:
MUHAMMAD SAIFULLAHI MUNTAKA-COOMASSIE, J.S.C. (Presided)
OLABODE RHODES-VIVOUR, J.S.C.
NWALI SYLVESTER NGWUTA, J.S.C.
KUMAI BAYANG AKAAHS, J.S.C.
CHIMA CENTUS NWEZE, J.S.C. (Read the Leading Judgment)
BETWEEN
MOHAMMED IBRAHIM
AND
THE STATE
FACT:
The appellant in this appeal was arraigned before the High Court of Oyo State, holden at Ibadan, on a two-count charge of conspiracy to commit armed robbery and armed robbery contrary to sections 6(b) and 1(2)(a) of the Robbery and Firearms (Special Provisions) Act, Cap. R. 11, Vol. 14, Laws of the Federation of Nigeria, 2004. He was alleged to have committed the said offences with others at large on March 7, 2005 at Iguoil Petrol Station, Boluwaji, Ibadan.
Sequel to his plea of not guilty, the prosecution called five witnesses in proof of the allegations against him. Eighteen exhibits were tendered through the said witnesses. On his part, the appellant apart from testifying in his defence, did not call any other witness. In its judgment of February 27, 2009, the trial court convicted and sentenced him to death by hanging.
The appellant appealed to the court of appeal, and his appeal was dismissed. Following the dismissal of his appeal against that judgment by the Court of Appeal, Ibadan Division, he then approached the Supreme court for further appeal.
ISSUE:
Whether, following the fundamental irreconcilable conflict between the charge and the evidence adduced at the trial court, the lower court, rightly, affirmed the trial court’s conviction of, and death sentence on the appellant when there was no nexus between the offence charged and the conviction?
HELD:
Appeal allowed. Court orderd the discharge and acquittal of the appellant and his release from the custody of the Prison authorities.
…………………….A…………………….
NWEZE, J.S.C. (Delivering the Leading Judgment): The appellant in this appeal (as accused person) was arraigned before the High Court of Oyo State, holden at Ibadan, on a two-count charge of conspiracy to commit armed robbery and armed robbery contrary to sections 6(b) and 1(2)(a) of the Robbery and Firearms (Special Provisions) Act, Cap. R. 11, Vol. 14, Laws of the Federation of Nigeria, 2004. He was alleged to have committed the said offences with others at large on March 7, 2005 at Iguoil Petrol Station, Boluwaji, Ibadan.
