Whether the Power of the Court to Order the Payment of Compensation to the Victim of a Crime is Discretionary

CASE TITLE: GALADIMA v. STATE (2025) LPELR-81256(CA)

JUDGMENT DATE:  22ND MAY, 2025

PRACTICE AREA: CRIMINAL LAW AND PROCEDURE

LEAD JUDGMENT: UGOCHUKWU ANTHONY OGAKWU, 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 Borno State (trial Court) delivered on 10th May, 2024.

The Appellant worked as a security man at the Borno State Rural Water Supply and Sanitation Agency (RUWASA). The case against the Appellant, was that while on duty, he would, at night, steal items from the RUWASA store, and the said items were then sold to some of the other accused persons.

The Appellant was one of six accused persons charged before the High Court of Borno State in CHARGE NO. BOHC/MG/CR/197/2023: THE STATE vs. ABUBAKAR SADIQ & ORS. The Appellant was charged and convicted for the offences of conspiracy contrary to Section 97(2) and punishable under Section 289 of the Penal Code Law, Cap. 102, Laws of Borno State, 1994, and theft by clerk or servant punishable under Section 289 of the Penal Code Law, Cap. 102, Laws of Borno State, 1994.

​The Appellant, dissatisfied with the decision of the trial Court, has appealed against the same.

ISSUES FOR DETERMINATION:

The Court determined this appeal using the following issues for determination:

1. Whether the concurrent conviction and sentences of the appellant under counts 2, 3 & 4 under Section 289 of the Penal Code Law without the option of a fine are justifiable in law.

2. Whether the order for the payment of the sum of N53,040,000.00 as compensation to RUWASA or to serve a term of 7 years in default thereof can be justified in law.

DECISION/HELD:

The Court dismissed the appeal for lack of merit. The decision of the trial Court was therefore affirmed.

RATIOS:

• COURT – DISCRETION OF COURT: How a judge should exercise his discretion; what does acting judicially and judiciously denote?
• CRIMINAL LAW AND PROCEDURE- CHARGE(S): Position of the law on duplicity of counts or charge
• CRIMINAL LAW AND PROCEDURE- OFFENCE OF STEALING/THEFT: Application of Section 289 of the Penal Code Law on the offence of theft/stealing by a clerk or servant
• CRIMINAL LAW AND PROCEDURE- SENTENCING: Discretion of Court where the law prescribes the maximum term of imprisonment for an offence and how same should be exercised; instance(s) in which an appellate Court will/will not interfere
• CRIMINAL LAW AND PROCEDURE- SENTENCING: Purpose of sentencing
• DAMAGES- COMPENSATION: Whether the power of the Court to order the payment of compensation to the victim of a crime is discretionary and how same should be exercised

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