CaseLaw
Suberu V. State (2010) CLR 3(m) (SC)
Judgement delivered on March 19th 2010
Brief
Facts
This is an appeal against the judgment of the Court of Appeal. Abuja Division (hereafter referred to as 'the Court below') delivered on 30th April, 2009 which upheld the decision of Olisuyi, J.. of the High Court of Justice, Okene, Kogi State on 28th May, 2007.
The Appellant was charged along with three (3) other accused persons with the offences of criminal conspiracy and armed robbery contrary to Sections 97(1) and 298(c) of the Penal Code. The prosecution called three(3) witnesses and closed its case. A No-Case submission was made on behalf of the Appellant. The trial Judge overruled it. The Appellant appealed to the Court below which dismissed same. The Appellant has further appealed to this Court.
It is apt to state the facts of this matter briefly. PW1 came from Port Harcourt to visit his family in Okene on 30th April, 2003. At about 11.00pm, he heard a noise on the deck of his house. When he opened the door to find out the source of the noise, he was confronted by the 2nd accused who had a gun with him. The 2nd accused ordered PW1 to produce the money he had on him. PW1 said he gave him N25,000.00 which he said was not enough. He further gave the 2nd accused N15,000.00. When the 2nd accused left, PW1 said he raised an alarm with PW2 and neighbors came to sympathize with him. PW1 said the 2nd accused fell into a well in his premises from which he was brought out with a rope. The 2nd accused told PW1 that it was the 1st accused who led him to the house of PW1 to rob.
PW1 did not see the Appellant who was the 3rd accused at the time of the commission of the crime. The PW2, the sister-in-law of PW1 did not say anything about the 3rd accused. Under cross-examination, she agreed that she did not see the 3rd accused. The PW3, the Investigating Police Officer (IPO) recorded the statement of the 4th Accused, to wit, Exhibit 1. He did not state any role played by the Appellant.
Based on the above evidence, Mr. Aliyu, learned Counsel for the Appellant, made a No-Case submission on behalf of the Appellant in that no evidence connected him to the offence. He submitted that by Section 27(3) of the Evidence Act, Exhibit 1 is not evidence against the 3rd accused who denied committing the offence. He urged that the 3rd accused be discharged.
Mr. Jamil, the Chief Legal Officer for the prosecution, at page 46 lines 6-7 of the transcript record of appeal commendably stated thus:-
Issues
Whether the learned Justices of the Court of Appeal were right to hold that a...