Position of The Law on Conviction For a Lesser Offence

CASE TITLE: NUHU v. STATE (2022) LPELR-58946(CA)

JUDGMENT DATE: 18TH NOVEMBER, 2022

PRACTICE AREA: CRIMINAL LAW AND PROCEDURE

LEAD JUDGMENT: ITA GEORGE MBABA, J.C.A.

SUMMARY OF JUDGMENT:

INTRODUCTION:

This appeal borders on Criminal Law and Procedure.

FACTS:

This appeal is against the decision of the High Court of Kano State in Charge No. K/197C/2017, delivered on 9th October 2020 by Hon. Justice A.R.D. Mohammed, who found the Appellant (and 2 other accused persons) guilty of the offence of attempted armed robbery, under Section 299 of the Penal Code of Kano State, but punished him under Section 2(1) of the Robbery and Firearms (Special Provisions) Act Cap 398 LFN 1990, and sentenced him to 14 years imprisonment.

The Appellant was the 1st Accused Person, charged with two other accused persons, for armed robbery, contrary to Section 298 of the Penal Code, Cap 105 Laws of Kano State. The Appellant had pleaded not guilty to the charge. The prosecution called 2 witnesses and tendered Exhibits, including Exhibit A or A1 – confessional statement of the Appellant. The Appellant testified in his defense.

At the end of the trial, and after considering the evidence and addresses of Counsel, the Learned trial Court found that the evidence rather established a lesser offence of attempt to commit armed robbery, since the accused persons did not take away anything from their victim, after stabbing and beating him, as they ran away in fear, upon the victim raising alarm. Of course, the intention to rob was established, as well as the use of threat and arms, to do so. The Appellant was thus sentenced to 14 years, of imprisonment,

Dissatisfied with the decision of the High Court, the appellant appealed to the Court of appeal.

ISSUES:

The Court of Appeal determined the appeal on the issues formulated by the appellant:

1. Was the trial Court right to convict the Appellant of a lesser offence of attempted armed robbery tried under the State law, but punished under Section 2(1) of the Robbery & Firearms (Special Provision) Act, Cap 398 LFN, when Appellant was charged under Section 298 of the Penal Code Cap 105, Laws of Kano State 1991?

2. Did the prosecution establish the commission of the lesser offence of Attempted Armed Robbery, as per the evidence, including the confessional statement of the Appellant – Exhibit A2?

DECISION/HELD:

In conclusion, the Court of Appeal dismissed the appeal.

RATIOS:

• CRIMINAL LAW AND PROCEDURE – CONVICTION – Whether an accused person can be convicted for an offence other than that charged
• CRIMINAL LAW AND PROCEDURE – CONVICTION – Whether convicting an accused person under a wrong law will vitiate the trial and conviction of the accused
• EVIDENCE – CONFESSIONAL STATEMENT – Whether a court can convict solely on the confessional statement of an accused person