LawPavilion Online


Back

AHMED SALIU v. THE STATE

(2018) LPELR-44064(SC)

In The Supreme Court of Nigeria

On Friday, the 23rd day of March, 2018

SC.727/2013


Before Their Lordships

OLUKAYODE ARIWOOLA Justice of The Supreme Court of Nigeria

MUSA DATTIJO MUHAMMAD Justice of The Supreme Court of Nigeria

KUDIRAT MOTONMORI OLATOKUNBO KEKERE-EKUN Justice of The Supreme Court of Nigeria

CHIMA CENTUS NWEZE Justice of The Supreme Court of Nigeria

EJEMBI EKO Justice of The Supreme Court of Nigeria


Between

AHMED SALIU - Appellant(s)

AND

THE STATE - Respondent(s)


Other Citations

; ;


Summary

INTRODUCTION:
This appeal borders on the propriety or otherwise of the conviction for a lesser offence.

FACTS:
This is an appeal against the decision of the Court of Appeal, Ilorin Division which had affirmed the decision of the High Court of justice, Kwara State.

On February 8, 2010, at the Kwara State High Court, Ilorin Judicial Division, the appellant herein, and three others, were arraigned for the offences of Criminal Conspiracy, Rape and Armed Robbery contrary to Sections 97 and 283 of the Penal Code, Laws of Kwara State of Nigeria, and Section 1 (1) and (2) of the Robbery and Firearms (Special Provisions) Act, Cap R11, Volume 14, Laws of the Federation of Nigeria, 2004, respectively. Nine witnesses presented the Prosecution's case. Nine exhibits were equally tendered. The appellant testified in an attempt to establish his defence. He, however, did not call any other witness. The third accused person, sequel to his No Case Submission, was acquitted and discharged on July 9, 2010. The other accused persons were however not that lucky as on December 21, 2010, they were convicted and sentenced to two year's imprisonment for being in possession of stolen items of property under Section 319A of the Penal Code. This conviction for a lesser offence stemmed from the trial High Court's conclusion that the offences of conspiracy, Rape and Armed Robbery were not proved beyond reasonable doubt.

The appellant's appeal at the Court of Appeal, having been dismissed, he further appealed to the Supreme Court.

ISSUES:
The Court determined the appeal on the sole issue formulated by the Respondent as follows:
Having regard to the evidence on record, whether the Court of Appeal was right in affirming the conviction and sentence of the appellant for the offence of receiving stolen property?

DECISION/HELD:
On the whole, the appeal was allowed and the concurrent findings of the Lower Courts were set aside. The Supreme Court thereby acquitted and accordingly discharged the appellant. The judgments of the High Court of justice, Kwara State and the Court of Appeal, Ilorin Division were thereby set aside.


Read Full Judgment