CASE TITLE: BELLO v. STATE (2022) LPELR-57195(CA)
JUDGMENT DATE: 1ST APRIL, 2022
PRACTICE AREA: CRIMINAL LAW AND PROCEDURE.
LEAD JUDGMENT: EBIOWEI TOBI, J.C.A.
SUMMARY OF JUDGMENT:
INTRODUCTION:
This appeal borders on conviction and sentencing for the offence of armed robbery and brigandage in respect of a single act.
FACTS:
This is an appeal against the judgment of the Borno State High Court.
The Appellant joined a group of young men to go to the house of PW1 to rob him. They got into the house and while the Appellant was keeping watch outside, one of them in the gang entered the room of one Musa, the deceased who was the son of PW1. There was a struggle after Musa ran into another room he was followed there and was shot and killed.
The Appellant was charged before the Borno State High Court on a two-count charge for the offences of armed robbery and brigandage with culpable homicide punishable with death under Sections 298 (b) and 302 of the Penal Code Law, Cap 102 Laws of Borno State of Nigeria, 1994. The prosecution in proof of its case called four witnesses and tendered six exhibits which are Exhibits A-F. The Appellant testified in his defence but called no witnesses. The Court after listening to the witnesses before it and evaluating the evidence including the exhibits convicted the Appellant and sentenced him to life imprisonment for the offence of armed robbery under Section 298 (b) of the Penal Code. For the offence of Brigandage with culpable homicide punishable with death under Section 302, the Appellant was sentenced to death having been found guilty.
The Appellant unhappy with the judgment which conviction carried the two highest punishments for a criminal offence in the world, that is life imprisonment and death sentence filed an appeal against the judgment.
ISSUES FOR DETERMINATION:
The Court considered the appeal on the sole issue of:
Whether or not the Appellant can be convicted for the offence of robbery and brigandage at the same time in respect of the same single act.
DECISION/HELD:
The appeal was dismissed for lack of merit and the judgment of the High Court was affirmed.
RATIOS:
- CRIMINAL LAW AND PROCEDURE- CONVICTION AND SENTENCE: Whether a person can be convicted and sentenced for two different offences based on the same factual situation in respect of one transaction in the same proceedings
- CRIMINAL LAW AND PROCEDURE- CONVICTION AND SENTENCE: Instance(s) where a person can be charged, tried, convicted and sentenced for the offences of armed robbery and brigandage
- LEGAL PRACTITIONER- DUTY OF COUNSEL: Duty of counsel in the conduct of the case of his client
- COURT- DUTY OF COURT: Duty of court to do justice according to law and not sentiments
