The State Vs Salisu Isiaka (2013)

LAWGLOBAL HUB Lead Judgment Report

STANLEY SHENKO ALAGOA, J.S.C.

The Respondent as accused was arraigned before the Ilorin Judicial Division of the High Court of Kwara State of Nigeria on a charge of Armed Robbery contrary to section 1(2) of the Robbery and Firearms (Special Provisions) Act Cap. R 11, Laws of the Federation of Nigeria 2004. He pleaded not guilty and the case went on to be fully heard with the prosecution calling four witnesses and tendering three exhibits. The Respondent gave evidence on his behalf and called no witnesses. Written addresses were submitted and adopted by counsel and in a considered judgment delivered on the 30th June, 2010, Kawu, J. found the Respondent guilty and accordingly convicted and sentenced him to death by hanging.

The prosecutions case was that on the 27th August, 2009 in the evening hours, one Mutiyat Abdulkareem who testified as P.W.2 was coming from her friend’s house when at a point along Atiku Road, Adewole Ilorin her phone rang. She answered the call and was conversing with the caller when suddenly the Respondent hit her on the head with a cudgel. P.W.2 Mutiyat Abdulkareem fell on the ground and the Respondent kept hitting her until she was dispossessed of her handset. The police who were on patrol in the area, having earlier got information of the attack on P.W.2 via a distress call raced to the scene and saw P.W.2 Mutiyat Abdulkareem lying on the ground while the Respondent was fleeing the scene. He was shot on the leg by the police but he managed to escape to a nearby house from where he was arrested by the police.

Following the said arrest a search was conducted on his person and the same Nokia handset just stolen from P.W.2 Mutiyat Abdulkareem as well as the cudgel just used in hitting her on the head were recovered by the police.

Aggrieved by his conviction and sentence the Respondent appealed to the Court of Appeal Ilorin Division which found merit in the appeal and allowed it while setting aside the judgment of the trial court. This is an appeal by the state against that judgment of the Court of Appeal hereinafter simply referred to as the lower court.

The Appellants Notice of Appeal which is contained at pages 108 – 110 of the Record of Appeal consists of two grounds of Appeal.

GROUND 1

The lower Court erred in law when it held that the trial Court did not give any consideration to the defence raised by the Accused/Respondent herein.

When

a) The Learned Trial Judge adequately considered the defence of the Accused/Respondent along with the evidence of the prosecution.

b) There is no duty on the trial court to unearth any defence in order to make a finding on it.

c) It is not mandatory on the trial court to accept the defence raised by the Accused/Respondent.

d) The reasoning of the lower Court was against the spirit and intent of OFOLETE v. THE STATE (2000) 12 NWLR PT.681, 415 AT 435.

GROUND 2