Whether The Hearing and Determination of a Criminal Trial During Court Vacation Amounts to a Miscarriage of Justice

CASE TITLE:  BASSEY v. IGP (2023) LPELR-61219(CA)

JUDGMENT DATE: 4TH AUGUST, 2023

PRACTICE AREA: CRIMINAL LAW

LEAD JUDGMENT: ABDUL-AZEEZ WAZIRI, J.C.A.

SUMMARY OF JUDGMENT:

INTRODUCTION:

This appeal borders on the Offences of Armed Robbery, Murder, Kidnapping, Conspiracy to commit Kidnapping and Stealing.

FACTS:

This is an appeal against the judgment of Hon. Justice G.O. Omereji of the Rivers State High Court Holden at Port Harcourt delivered on the 8th day of September, 2020, in respect of Charge No. PHC/324/2017. The facts that led to this appeal are as follows:

The Appellant, as the 4th Defendant at the trial Court, was charged with armed robbery, murder, kidnapping, conspiracy to commit kidnapping, and stealing, all contrary to Criminal Code Law Cap. 37, Volume 2, Law of Rivers State of Nigeria. At the end of the trial, the Court found the Appellant guilty and convicted him on all four counts of the charge.

Aggrieved by this decision, the Appellant filed this appeal.

ISSUES FOR DETERMINATION:

The appeal was determined on the following issues:

1. Whether the learned trial Judge was clothed with the requisite jurisdiction to continue to sit and hear the suit during the annual vacation of the Rivers State High Court despite not being a vacation Judge?
2. Whether the learned trial Judge was not wrong in holding that the prosecution had proved its case beyond reasonable doubt on all counts and proceeded to convict the Appellant on all counts of the charge?
3. Whether in the entire circumstances of this case, the learned trial Judge was right in overlooking the defences raised in favour of the Appellant before reaching the decision convicting him?

DECISION/HELD:

In conclusion, the appeal was unanimously dismissed.

RATIOS:

• CRIMINAL LAW AND PROCEDURE- CRIMINAL TRIAL/PROCEEDINGS: Instance(s) when the hearing and determination of a criminal trial/proceedings during court vacation will not occasion a miscarriage of justice
• CRIMINAL LAW AND PROCEDURE- OFFENCE OF ARMED ROBBERY: Ingredients that must exist to prove the offence of armed robbery
• CRIMINAL LAW AND PROCEDURE- OFFENCE OF KIDNAPPING: Ingredient(s) of the offence of kidnapping
• CRIMINAL LAW AND PROCEDURE- OFFENCE OF CONSPIRACY: Meaning of conspiracy; ingredients the prosecution must prove to establish the offence of conspiracy
• CRIMINAL LAW AND PROCEDURE- DEFENCE(S) OF ACCUSED PERSON(S): Whether the Court can only consider defences which are supported by evidence before it
• EVIDENCE- PRESUMPTION OF INNOCENCE: Whether an accused person is presumed innocent until the contrary is proved; how to establish the guilt of an accused person
• EVIDENCE- EVIDENCE OF AN EYE WITNESS: Whether conviction for the offence of armed robbery can be sustained solely on the evidence of an eye witness
• EVIDENCE- CONFESSIONAL STATEMENT: Meaning and nature of confession; when same will be relevant and admissible
• EVIDENCE- CONFESSIONAL STATEMENT: Whether a Court can convict solely on the confessional statement of an accused person; tests for determining the truth or weight to attach to a retracted confessional statement

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