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CaseLaw

State V. Oladotun (2011) CLR 5(f) (SC)

Judgement delivered on May 20th 2011

Brief

  • Evaluation of evidence
  • Burden of proof
  • S.3 Robbery and Firearms (Special Provisions) Act 2004
  • Unlawful possession of firearms
  • Confessional statements

Facts

This is an appeal against the decision of the Ilorin Division of the Court of Appeal allowing the appeal of the accused/respondent and quashing his conviction by the High Court of Justice of Kwara State. On 3/11/2008 an amended charge was read to the accused/respondent. The amended charge reads as follows:-

  • "That you, Femi Oladotun, and others now at large on or about the 2nd day of May, 2006 at about 1210 hours at Baboko area, Ilorin within the jurisdiction of this court was found to be in illegal possession of a foreign made double barrel cut to size gun and nine live cartridges and you thereby committed an offence contrary to Section 3(1) of the Robbery and Firearms (Special Provisions) Act Cap R 11, 2004."

The accused said he understood same and pleaded not guilty to the charge. There was originally a charge that was read to the accused on 24/7/2008, but it was later amended to the above charge, with the leave of the court. Witnesses gave evidence for the prosecution and there was even a trial within a trial to determine the voluntariness of the accused's caution statement to the police. Briefly put, the case for the prosecution is that the accused was arrested at Eruda whilst he was driving a Toyota Corolla car at about 0145 a.m. by the Police night patrol team. As the team sighted the car with registration No. Kwara AE708FUF, they pursued it, and on seeing them, the accused drove faster until it ran into a gutter and stopped. Three other occupants in the car ran away. The team searched the vehicle and found foreign made double barrel gun cut to size with seven cartridges. The caution statements of the accused were recorded by him after being cautioned.

The accused gave evidence in his defence and denied that he was in possession of a gun in his car. He said he and his three friends were going to a party when they were stopped by the policemen about 8p.m. He denied most of the contents of his caution statements, alleging that he was tortured when he wrote the statements.

The learned trial judge after evaluating the evidence before him, and consideration of the submissions of learned counsel found the prosecution's case proved and convicted the accused thus:-

  • "On the whole I am satisfied from the overwhelming and believable evidence adduced against the accused that the prosecution has proved the charge of illegal possession of firearms against him to the standard required in criminal cases, that is, beyond reasonable doubt and I find him guilty of the offence as charged. The accused is accordingly convicted."

    • The accused was not happy with the above decision, so he appealed to the Court of Appeal, which set aside the decision and held thus:-

    • "In conclusion, I hold that the prosecution did not discharge the burden which the law placed on it. The lower court should have made this finding. It failed to do so. It erred. That is why its judgment cannot be allowed to stand. I therefore enter an order quashing the conviction and sentence passed on the appellant."

      • Aggrieved, the prosecution has appealed to this court

Issues

  • 1
    Whether the Court of Appeal was right to have held that the...

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