Whether The Findings of a Trial Judge can be Accepted Merely Because of The Use of The Words “I Believe”

CASE TITLE: BALA v. STATE (2024) LPELR-63006(CA)
JUDGMENT DATE: 31ST OCTOBER, 2024
PRACTICE AREA: CRIMINAL LAW AND PROCEDURE
LEAD JUDGMENT: BIOBELE ABRAHAM GEORGEWILL, J.C.A.

SUMMARY OF JUDGMENT:

INTRODUCTION:

This appeal borders on criminal law and procedure.

FACTS:

This is an appeal against the judgment of the High Court of Nasarawa State, Lafia Division.

By a Further Amended Charge, the Appellant was charged with a 5-count charge for the offences of Conspiracy, Theft, Abduction, and Armed Robbery. The Appellant was arrested around Millionaires Quarters, Lafia, Nasarawa State for the alleged offences with which he was subsequently charged before the trial Court. He was originally charged alongside one Sani Yakubu, who died during trial whilst in prison, necessitating the further amendment of the charge against the Appellant only. The Appellant pleaded not guilty to each of the five counts of charges against him. The trial Court delivered its judgment, in which it convicted the Appellant on all five counts with which he was charged by the Respondent and sentenced him to imprisonment for 5 years without the option of a fine and to death by hanging.

Dissatisfied, the appellant appealed.

ISSUES FOR DETERMINATION:

The Court adopted the issues formulated by the respondent viz:

1. Whether the Appellant successfully put up a defence of alibi to the charges brought against him?

2. Whether the Respondent has been able to establish the elements of the offences that warrant the conviction and sentence of the Appellant?

DECISION/HELD:

In conclusion, the Court allowed the appeal.

RATIOS:

• CRIMINAL LAW AND PROCEDURE- DEATH SENTENCE: What is required of the Court in criminal cases involving capital punishment
• CRIMINAL LAW AND PROCEDURE- OFFENCE OF CONSPIRACY: Ingredients the prosecution must prove to succeed in a charge of conspiracy; standard of proof required to prove same
• CRIMINAL LAW AND PROCEDURE- OFFENCE OF ABDUCTION: Ingredients of the offence of abduction
• CRIMINAL LAW AND PROCEDURE- OFFENCE OF STEALING: Ingredients of the offence of theft; standard of proof required to prove same
• CRIMINAL LAW AND PROCEDURE- OFFENCE OF ROBBERY/ARMED ROBBERY: Ingredients of the offence of armed robbery; standard of proof required of the prosecution
• CRIMINAL LAW AND PROCEDURE- DEFENCE/PLEA OF ALIBI: Meaning of alibi
• CRIMINAL LAW AND PROCEDURE- DEFENCE/PLEA OF ALIBI: Duty of the prosecution to investigate the plea of alibi raised by an accused person; effect of failure
• EVIDENCE- BURDEN OF PROOF/STANDARD OF PROOF: Burden and standard of proof in criminal cases; what does proof beyond reasonable doubt mean?
• EVIDENCE- EVALUATION OF EVIDENCE: Whether the findings of a trial judge could be accepted merely because of the use of the words ”I believe”
• EVIDENCE- CONFESSIONAL STATEMENT: Definition of confession; when a confession will be used by the Court
• EVIDENCE- CONFESSIONAL STATEMENT: Effect of a confessional statement that fails to pass the acid acceptability tests
• EVIDENCE- ADMISSIBILITY AND WEIGHT OF EVIDENCE/PROBATIVE VALUE: Whether the fact that a document has been admitted in evidence means it must automatically be accorded probative value
• EVIDENCE- CONFESSIONAL STATEMENT: Whether the confessional statement of an accused is admissible against a co-accused who did not adopt the confessional statement
• EVIDENCE- CONFESSIONAL STATEMENT: Whether it is right for a Court to act upon an inculpatory aspect of a confessional statement and jettison the exculpatory aspect of the same confessional statement
• EVIDENCE- CIRCUMSTANTIAL EVIDENCE: Meaning of circumstantial evidence; nature of circumstantial evidence that would ground a conviction
• EVIDENCE- EVALUATION OF EVIDENCE: Whether the Court can evaluate evidence not placed before it

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