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Before Their Lordships
MAHMUD MOHAMMED Justice of The Supreme Court of Nigeria
SULEIMAN GALADIMA Justice of The Supreme Court of Nigeria
CLARA BATA OGUNBIYI Justice of The Supreme Court of Nigeria
KUDIRAT MOTONMORI OLATOKUNBO KEKERE-EKUN Justice of The Supreme Court of Nigeria
JOHN INYANG OKORO Justice of The Supreme Court of Nigeria
SULEIMAN GALADIMA Justice of The Supreme Court of Nigeria
CLARA BATA OGUNBIYI Justice of The Supreme Court of Nigeria
KUDIRAT MOTONMORI OLATOKUNBO KEKERE-EKUN Justice of The Supreme Court of Nigeria
JOHN INYANG OKORO Justice of The Supreme Court of Nigeria
Between
BELLO OKASHETU –Appellant
AND
THE STATE- Respondent
…………………….A…………………….
CLARA BATA OGUNBIYI, J.S.C. (Delivering the Leading Judgment): This is an appeal against the judgment of the Court of Appeal, Benin Judicial Division delivered on 9th day of December, 2014. The Lower Court affirmed the judgment of the trial High Court, Asaba, (Delta State) which convicted and sentenced the appellant to three terms of imprisonment to run concurrently for the offence of conspiracy to kidnap, kidnapping and unlawful possession of firearms.
The appellant was arraigned before the trial Court on a five – count charge of conspiracy to commit armed robbery, armed robbery, conspiracy to commit kidnapping, kidnapping and illegal possession of firearms. The particulars of the charge are stated below:-
COUNT I:
BELLO OKASHETU (m) and others now at large on or about the 8th day of March, 2011 along Illah Road within Asaba Judicial Division conspired amongst yourselves to commit felony to wit: Armed Robbery.
COUNT II:
BELLO OKASHETU (m) and others now at large on or about the 8th day of March, 2012 along Illah Road within Asaba Judicial Division robbed of Mr. Galvagni Renzo (m) of his two Laptops value unknown, one International Passport, one Zenith Bank Cheque booklet, two Hard drive discs, and two Flash drive disc, while armed with a gun.
COUNT III:
BELLO OKASHETU (m) and others now at large about the 8th day of March, 2012 along Illah Road within Asaba Judicial Division conspired amongst yourselves to commit felony to wit: Kidnapping.
COUNT IV:
BELLO OKASHETU (n) and others now at large on or about the 8th day of March, 2012 along Illah Road within Asaba Judicial Division kidnapped one Mr. Galvagni Renzo (m) to unknown destination, in a manner as to prevent any person entitled to have access to him from discovering the place where he was imprisoned.
COUNT V:
BELLO OKASHETU (m) and others now of large on or about the 8th day of March, 2012 along Illah Road within Asaba Judicial Division unlawfully had in your possession of AK 50 Riffle, two Magazines and twenty nine rounds of live ammunition.
The accused/appellant pleaded not guilty to all the five head of counts. At the conclusion of the hearing, the trial Court discharged and acquitted the appellant on the counts of conspiracy to commit armed robbery and armed robbery but convicted him on the other three counts of conspiracy to commit kidnapping, kidnapping and illegal possession of firearms.
On appeal to the Court of Appeal, the appellant’s appeal was dismissed. The pivot of the Lower Court’s decision was its affirmation of the trial Court’s finding that Exhibit ‘A’ a confessional statement attributed to the appellant was indeed made by him (appellant) and that the ingredients of the offences charged were contained therein. The appellant was dissatisfied with the Judgment of the Lower Court and hence filed his notice of appeal now before the Court and containing three grounds of appeal, on the 15th day of December, 2014.
In compliance with the rules of Court, briefs were filed and exchanged between parties. The appellant’s brief of argument was settled by one Ekemejero Ohwovoriole Esq. and filed on the 30th January, 2015. There was also a reply brief and a list of additional authorities filed on behalf of the appellant on the 19/2/2015 and 14/4/2016 respectively. On behalf of the respondent however, the brief of argument was settled by one O. F. Enenmo on the 18th February, 2015.
The matter in this appeal came up for hearing on the 7th April, 2016 and counsel for the parties were both in Court.
They adopted and relied on their respective briefs of arguments. While the learned counsel for the appellant urged the Court to allow the appeal, a dismissal of same was contemplated on behalf of the respondent.
The lone issue formulated by the appellant’s counsel is reproduced hereunder as follows:-
Whether the Lower Court rightly affirmed the trial Court’s decision that the prosecution proved the charges of conspiracy to commit kidnapping, kidnapping and illegal possession of firearms against the appellant beyond reasonable doubt.
The law is trite and well settled that in a criminal trial, the onus is always on the prosecution to prove its case beyond reasonable doubt and the accused is not expected to prove his innocence. See Section 135(1) and (2) of the Evidence Act, 2011 also the case Chianugo V. State (2002) 2 NWLR (Pt. 750) 225 at 236. It
COUNT I:
BELLO OKASHETU (m) and others now at large on or about the 8th day of March, 2011 along Illah Road within Asaba Judicial Division conspired amongst yourselves to commit felony to wit: Armed Robbery.
COUNT II:
BELLO OKASHETU (m) and others now at large on or about the 8th day of March, 2012 along Illah Road within Asaba Judicial Division robbed of Mr. Galvagni Renzo (m) of his two Laptops value unknown, one International Passport, one Zenith Bank Cheque booklet, two Hard drive discs, and two Flash drive disc, while armed with a gun.
COUNT III:
BELLO OKASHETU (m) and others now at large about the 8th day of March, 2012 along Illah Road within Asaba Judicial Division conspired amongst yourselves to commit felony to wit: Kidnapping.
COUNT IV:
BELLO OKASHETU (n) and others now at large on or about the 8th day of March, 2012 along Illah Road within Asaba Judicial Division kidnapped one Mr. Galvagni Renzo (m) to unknown destination, in a manner as to prevent any person entitled to have access to him from discovering the place where he was imprisoned.
COUNT V:
BELLO OKASHETU (m) and others now of large on or about the 8th day of March, 2012 along Illah Road within Asaba Judicial Division unlawfully had in your possession of AK 50 Riffle, two Magazines and twenty nine rounds of live ammunition.
The accused/appellant pleaded not guilty to all the five head of counts. At the conclusion of the hearing, the trial Court discharged and acquitted the appellant on the counts of conspiracy to commit armed robbery and armed robbery but convicted him on the other three counts of conspiracy to commit kidnapping, kidnapping and illegal possession of firearms.
On appeal to the Court of Appeal, the appellant’s appeal was dismissed. The pivot of the Lower Court’s decision was its affirmation of the trial Court’s finding that Exhibit ‘A’ a confessional statement attributed to the appellant was indeed made by him (appellant) and that the ingredients of the offences charged were contained therein. The appellant was dissatisfied with the Judgment of the Lower Court and hence filed his notice of appeal now before the Court and containing three grounds of appeal, on the 15th day of December, 2014.
In compliance with the rules of Court, briefs were filed and exchanged between parties. The appellant’s brief of argument was settled by one Ekemejero Ohwovoriole Esq. and filed on the 30th January, 2015. There was also a reply brief and a list of additional authorities filed on behalf of the appellant on the 19/2/2015 and 14/4/2016 respectively. On behalf of the respondent however, the brief of argument was settled by one O. F. Enenmo on the 18th February, 2015.
The matter in this appeal came up for hearing on the 7th April, 2016 and counsel for the parties were both in Court.
They adopted and relied on their respective briefs of arguments. While the learned counsel for the appellant urged the Court to allow the appeal, a dismissal of same was contemplated on behalf of the respondent.
The lone issue formulated by the appellant’s counsel is reproduced hereunder as follows:-
Whether the Lower Court rightly affirmed the trial Court’s decision that the prosecution proved the charges of conspiracy to commit kidnapping, kidnapping and illegal possession of firearms against the appellant beyond reasonable doubt.
The law is trite and well settled that in a criminal trial, the onus is always on the prosecution to prove its case beyond reasonable doubt and the accused is not expected to prove his innocence. See Section 135(1) and (2) of the Evidence Act, 2011 also the case Chianugo V. State (2002) 2 NWLR (Pt. 750) 225 at 236. It
…………………….B…………………….
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