CaseLaw
Stephen Vs. The State (2013) CLR 3(f) (SC)
Judgement delivered on March 8th 2013
Brief
Facts
By an application for leave to prefer a charge in the High Court dated 2nd October, 2007, the Appellant was arraigned on a three count charge of attempted robbery, unlawful possession of firearms contrary to Section 1 (2) of robbery and firearms (Special Provision) Act Cap R11, LFN 2004 and being a member of a secret cult and secret society contrary to Section 11 of Secret Cult and Secret Societies in Higher Institutions (Prohibition) Law No. 6 of Kwara State 2004.
In a considered judgment S. M. Akanbi J of the Kwara State High Court delivered on 7th July 2008, the Appellant was found guilty of being in unlawful possession of firearms and being a member of a secret cult. The learned trial judge sentenced the appellant to a term of 3 years imprisonment with option of N10,000.00 fine for the offence of unlawful possession of firearms while the same appellant was also sentenced to 10 years imprisonment and N50,000.00 fine for being a member of a secret cult.
The background to this appeal is that the Appellant until his arrest was a student of the Federal Polytechnic Offa, Kwara State as an H.NDI student in the Department of Marketing.
The Appellant was charged and tried for the offences of attempted robbery, unlawful possession of firearms and being a member of a secret cult. The prosecution called 5 witnesses and tendered five exhibits marked Exhibits 1, 2, 3, 4 and 5 while the Appellant was his only witness.
In the course of that trial PW2 and PW5 testified that the appellant came to their house at Offa and pointed a locally made pistol at PW2 which he PW2 later wrestled from the appellant who escaped only to be later arrested and taken to the Police Station, Offa. A Buccaneer's sticker which was allegedly recovered from the house of the Appellant was tendered and admitted as Exhibit 2.
A confessional statement of the Appellant was admitted as Exhibit 5 in which appellant said he was initiated to the Buccaneer cult group along with other persons whose names he stated. That the initiation took place sometime in 2003 at a bush in Offa by one Wale, Niyi and others. That he was contracted by Sunday Adeniran to intimidate PW2 and on getting to the house of PW2; on knocking at the door and the door being opened he, Appellant pointed the locally made pistol (Exhibit 1) at PW2 who wrestled the said exhibit from him while he ran off but was later apprehended.
On his arrest a search was conducted in his house by the Police led by PW3 and the two Buccaneer stickers (Exhibit 2) were recovered. The appellant was convicted as charged by the trial Court which conviction was upheld by the Court of Appeal.
Dissatisfied further the Appellant has come before this court vides Notice of Appeal dated 8th February, 2010.