Joseph Bille V. The State (2016)

LAWGLOBAL HUB Lead Judgment Report

NWALI SYLVESTER NGWUTA, J.S.C.

The two Count Information laid against the appellant before the High Court of Justice, Cross River State, in the Obudu Judicial Division, shorn of the statements of offences reads:

“Count 1: Unlawful possession of fire arms contrary to Section 3(1) of the Robbery and Firearms Act (Special Provisions) Act Cap R 11 Vol. 4 Laws of the Federation of Nigeria, 2004.

Count II: Grievous harm contrary to section 335 of the Criminal Code Cap C16 Vol. 3 Laws of Cross River State of Nigeria 2004”

The offences were alleged to have been committed by the appellant on the 11th day of September, 2010 at Kakwe village, Bishiri, in the Obanliku Local Government Area of Cross River State in the Obudu Judicial Division.

On 6/4/2011 the two Count Information was read to the appellant and he pleaded not guilty to each Count.

Briefly, the facts leading to the charge are as follows. On 11th day of September, 2010 there was a bye-election in the Bishiri South Council Ward of the Obaniliku Local Government Area. It was alleged that while voting was in progress the appellant snatched the ballot box and attempted to run away with it. As voters rushed to stop him he pulled a pistol from his back pocket and threatened to shoot anyone who would venture to go near him. As appellant started running away with the ballot box he fired a shot from the pistol. The shot hit one Godwin Annang on his right leg. One Felix Ipua ran to the appellant, held him and recovered the pistol. Appellant and his pistol were handed over to the Police men who were on election duty.

To prove its case, the prosecution called a total of five (5) witnesses. At the close of the prosecution’s case appellant through his Counsel elected to make a no-case submission urging the trial Court to hold that the prosecution did not, by the evidence on record, make out a prima facie case to warrant calling on the appellant to enter upon hrs defence.

In its ruling delivered on 16th November, 2011 over-ruling the no-case submission, the trial court concluded thus:

“I shall therefore call on the accused person to enter his defence in this case as a prima facie case of unlawful possession of firearms and causing grievous harm has been established.”

Appellant testified on his behalf and called one other witness and rested his case, Learned Counsel for the parties filed written addresses and adopted same on 19th November, 2012.

In its judgment delivered on 30th March, 2012 the trial Court concluded that:

“From the totality of the evidence adduced by the prosecution in this case, I find and hold that the ingredients of the offences of unlawful possession of firearm and causing grievous harm by the accused person have been proved and upon which the accused person could be convicted as such and sentenced accordingly.”

The trial Court convicted the appellant as charged and sentenced him to seven years imprisonment with hard labour without an option of fine in Count l and to five years imprisonment with hard labour with option of a fine of N50,000.00 in Count. The Court ordered that the sentences are to run concurrently (if the appellant does not pay fine in Count II).