REQUIREMENTS FOR VALID ARRAIGNMENT AND EFFECT OF NON-COMPLIANCE: INSTANCES IN WHICH THEY WILL BE HELD TO HAVE BEEN COMPLIED WITH

CASE TITLE:

JUDGMENT DATE: 1ST NOVEMBER, 2019

PRACTICE AREA: CRIMINAL LAW AND PROCEDURE

LEAD JUDGE: JIMI OLUKAYODE BADA, J.C.A.

SUMMARY OF JUDGMENT:

INTRODUCTION

This appeal borders on Criminal Law and Procedure.

FACTS

This is an appeal against the Judgment of Ogun State High Court, Ota.

Appellant, and one Christopher Dibia were arraigned on a two-count charge of conspiracy to commit Armed Robbery and Armed Robbery. contrary to Section 6(b) and Section 1(2)(a) of the Robbery and Firearms (Special Provisions) Act Cap R II Laws of the Federation of Nigeria 2004.

According to the prosecution, appellant and the other accused person, had invaded the house of one Sunday Uzor Ofuonye(PW1), at No. 2, Ishola Ola Jesu Street, Ishasi, Akuta, Ogun State, on the 8th day of December, 2006, at about 8.30 p.m., under the guise of needing the services of his wife, who was a caterer. They robbed PW1, his wife and mother in law, of valuables. The housemaid escaped and alerted the neighbours, who pursued the robbers and caught the appellant and one other person.

The Appellant and his co-accused person pleaded not guilty of the charge. The matter proceeded to trial, at the conclusion of which, the appellant was found guilty and sentenced to 16 years imprisonment. Not pleased, the appellant appealed to the Court of Appeal.

ISSUES FOR DETERMINATION

Appellant formulated the following issues for determination:
“(1) Whether the trial Court rightly convicted the Appellant on a valid arraignment
(2) Whether the Prosecution proved the guilt of the Appellant beyond reasonable doubt in view of the fundamental irregularities in the Appellant’s trial.
(3) Whether the trial Court was right to have convicted the Appellant solely on the Confessional Statements.”

DECISION/HELD

The Court of Appeal dismissed the appeal.

RATIOS:

• CRIMINAL LAW AND PROCEDURE- ARRAIGNMENT/TAKING OF PLEA: Meaning and nature of an arraignment
• CRIMINAL LAW AND PROCEDURE- GUILT OF AN ACCUSED PERSON: How to establish/prove the guilt of an accused person
• CRIMINAL LAW AND PROCEDURE- ATTEMPT TO COMMIT AN OFFENCE: What amounts to attempted robbery
• EVIDENCE- BURDEN OF PROOF/STANDARD OF PROOF: Burden of proof and standard of proof in criminal cases
• EVIDENCE- CONFESSIONAL STATEMENT: Meaning of confession/confessional statement; whether an accused person can be convicted on his confession alone
• EVIDENCE- CONFESSIONAL STATEMENT: Whether a court can convict on a retracted confessional statement