EVIDENCE – BURDEN OF PROOF/ONUS OF PROOF – Effect where an accused person fails to prove a fact within his exclusive knowledge
“At the trial, the appellant made no efforts to adduce evidence to show that he had licence to possess such a gun or that he was authorized by law to possess the firearms. The burden was on him to establish that such possession was legally permitted, as such was a fact peculiarly within his exclusive knowledge, Taiye v State [2018] 17 NWLR (pt. 1647] 115; Bille v State [2016] 15 NWLR (pt. 1536) 363; State v Oladotun [2011] 10 NWLR (pt. 1256) 542. Having failed to prove so at trial, I am of the firm view that the trial Court rightly held that the offence of illegal possession of firearms was proved against him and convicted him accordingly.” Per CHIMA CENTUS NWEZE, JSC in KELLY v. STATE (2022-LCER-46532-SC) (Pp 15 – 15; Paras A – D)
Facts
This appeal is against the judgment of the Court of Appeal, Ekiti Division delivered on the 5th day of December, 2019.
Two security agents, a team of NDEA operative who later testified as PW2 and PW3 while on patrol duty stopped a vehicle and after searching same, recovered a gun in a black nylon, which the car’s driver pointed at the Appellant as the possessor thereof. The Appellant however denied the accusation. Subsequently, the Appellant alongside one other person was charged before the High Court of Ekiti State for the offence of unlawful possession of firearms contrary to Section 3(1) of the Robbery and Firearms (Special Provision) Act, Laws of the Federation of Nigeria 2004.
The trial High Court tried and convicted them for the said offence. Accordingly, the Appellant and the other person were sentenced to 10 years imprisonment. Dissatisfied, the Appellant filed an appeal at the Court of Appeal. The Court of Appeal dismissed the appeal and affirmed the judgment of the trial High Court. Still dissatisfied, the Appellant further appealed to the Supreme Court.
Issues
The Supreme Court determined the appeal on the sole issue thus: “Was the lower Court right to uphold the decision of the trial Court in view of the totality of evidence before it?”
Lead Judge(ment)
MUSA DATTIJO MUHAMMAD, J.S.C. (Delivering the Leading Judgment)
Held
In a unanimous decision, the appeal was dismissed for lacking in merit and the concurrent findings of the trial High Court and Court of Appeal were further affirmed.
Alternate Citations
(2022) LPELR-57325(SC)
Full Judgment
Counsel:
IKECHUKWU UWANNA, ESQ.
For Appellant(s)
JULIUS AJIBARE, DPP, EKITI STATE
For Respondent(s)
For Appellant(s)
For Respondent(s)
Counsel’s Photograph(s) Needed.