“It is provided in Section 3(1) of the Robbery and Firearms (Special Provisions) Act that the punishment for illegal possession of firearms is a fine of N20,000.00 or to imprisonment for a period of not less than ten years, or to both. The trial Chief Judge exercised his discretion to impose both a fine for the first and 10 years imprisonment for the second count. The law gives him the latitude to impose both the fine and term of imprisonment and for this Court to interfere with that discretion it must be shown that he did not exercise the discretion according to law but rather capriciously. The reason given by the Chief Judge for imposing the sentences was to serve as a deterrent to others.” Per AKA’AHS, J.S.C. at P. 11, Para. A.
Facts
This is an appeal from the decision of the Court of Appeal, Yola Division delivered on 8th February, 2013 which affirmed the judgment of the learned tried Judge which convicted the Appellant alongside 3 others for the offence of conspiracy and unlawful possession of firearms contrary to Section 5 (6) and 3 (1) of the Robbery and Firearms (Special Provisions) Act 2004. The three other persons with whom the Appellant was charged pleaded guilty and were summarily convicted by the learned trial Judge on 29th July 2009. Being dissatisfied with the decision of Court below, the Appellant filed a notice of appeal dated 12th April 2013 and filed on 15th April, 2013.
The Appellant was arraigned alongside three others before the Chief Judge of Taraba State on two counts of conspiracy contrary to Section 5 (6) of the Robbery and Firearms (Special Provisions) Act 2004 punishable under same and illegal possession of firearms contrary to Section 3 (1) of the Act. When arraigned, on 29th July, 2009 before the learned trial Judge, the Appellant and the other 3 with whom he was charged all pleaded guilty to the charges and were summarily convicted and sentenced to N20,000.00 fine in respect of the offence of conspiracy contrary to Section 5 (b) and 10 years imprisonment in respect of the offence of illegal possession of firearms contrary to Section 3 (1) of the Robbery and Firearms (Special Provisions) Act 2004.
Being dissatisfied with the judgement of the trial Court, the Appellant filed an appeal at the Court of Appeal, Yola Division vide a Notice of Appeal dated August 2009. The Court below also dismissed the appeal in its judgement of 8th February, 2013. Still being dissatisfied with the judgment of the Court below, the Appellant filed this appeal vide a Notice of Appeal of four grounds dated 12th April, 2013.
Issues
“1) Whether the Court of Appeal was right in law when it affirmed the conviction and sentence of the Appellant, notwithstanding the fundamental legal error committed by the trial Court by considering and utilising alleged weapons which were never tendered as exhibits by the prosecution.
2) Whether the Court of Appeal was right in law when it held that the trial Court had jurisdiction to try the appellant for the offences of criminal conspiracy and illegal possession of firearms, notwithstanding that, by the particulars of the charge, the alleged offences were not committed within the territorial jurisdiction of the trial Court.”
Lead Judge(ment)
SIDI DAUDA BAGE, J.S.C. (Delivering the Lead Judgment):
Held
Alternate Citations
Read Full Judgment
Counsel:
Taiwo Kupolati…..For Appellant
And
M. M. Nurudeen with him, D. S. Dzege and Haruna Ibrahim…..For Respondent
For Appellant(s)
For Respondent(s)
Counsel’s Photograph(s) Needed.