CASE TITLE: SUNDAY v. STATE (2026) LPELR-83413(CA)
JUDGMENT DATE: 18TH MARCH, 2026
PRACTICE AREA: CRIMINAL LAW AND PROCEDURE
LEAD JUDGMENT: MUHAMMED LAWAL SHUAIBU, J.C.A.
SUMMARY OF JUDGMENT:
INTRODUCTION:
This appeal borders on the offences of conspiracy, intention to commit armed robbery, and illegal possession of firearms.
FACTS:
This appeal emanated from the judgment of the High Court of Ekiti State, sitting at Ado-Ekiti, presided over by Hon. Justice J. O. Adeyeye delivered on the 1st February, 2021.
On 26th of November, 2018, a Police patrol team attached to Safer Highway Unit of Emure Divisional Headquarters while on a stop and search patrol along Emure/Eporo Road, Emure-Ekiti at about 5:00pm, stopped for a routine check an unregistered motorcycle with Appellant and two others on it. A discrete search on them reveals that they were in possession of a long gun hidden under the seat of the motorcycle while a cut to size short gun with three live cartridges wrapped in a head warmer. They were also in possession of weed suspected to be Indian hemp. In the process, one of them (Daniel Simon) escaped into the bush but was later arrested and brought back to the Police custody. By an information filed on 13th November, 2018, the Appellant and two others were charged with offences of conspiracy, going armed in public with intent to commit armed robbery, and illegal possession of firearms contrary to and punishable under Sections 6(b), 2(3) and 3(1) of the Robbery and Firearms (Special Provisions) Act, Cap. R11, Laws of the Federation of Nigeria, 2004.
The Appellant and his co-defendants pleaded not guilty to each and every count of charge and the matter went into full trial. Following the conclusion of the trial and addresses of Counsel for the respective parties, the Appellant and his co-defendants were found guilty as charged and were accordingly sentenced.
Dissatisfied with his conviction and sentence, Appellant appealed to the Court of Appeal.
ISSUES FOR DETERMINATION:
The Court determined the appeal on this sole issue:
“Whether the learned trial Court was right in deciding that upon the totality of evidence adduced by the Prosecution, the allegations of conspiracy, attempted robbery or illegal possession of firearms pressed against the Appellant were proved beyond reasonable doubt as required by law to necessitate conviction and sentence.”
DECISION/HELD:
In the final analysis, the appeal only succeeded in part. The Appellant’s conviction for unlawful possession of firearms was affirmed while his conviction of conspiracy and going armed in public with intent to commit armed robbery was set aside.
RATIOS:
- CRIMINAL LAW AND PROCEDURE- UNLAWFUL POSSESSION OF FIREARMS AND AMMUNITION: Ingredients of the offence of illegal/unlawful possession of firearms
- CRIMINAL LAW AND PROCEDURE- UNLAWFUL POSSESSION OF FIREARMS AND AMMUNITION: On whom lies the onus to prove possession of license granted by the appropriate authority when charged with the offence of unlawful possession of firearms and ammunition
- CRIMINAL LAW AND PROCEDURE- UNLAWFUL POSSESSION OF FIREARMS AND AMMUNITION: Whether the offence of unlawful possession of firearms is a strict liability offence
- EVIDENCE- TENDERING OF WEAPON OF CRIME: Whether failure to tender the weapons used in the commission of a crime will be fatal to the case of the prosecution
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