Efe Nikoro V. The State (2016)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

BOLOUKUROMO MOSES UGO, J.C.A.(Delivering the Leading Judgment)

This appeal is against the judgment of the High Court of Delta State of 08/12/2015 in Case No EHC/6C/2011, in which the appellant was convicted and sentenced to death for the offences of Conspiracy to commit armed robbery and committing Armed Robbery itself contrary to Sections 1(2) (a) and 6(b) of the Robbery and Firearms Special Provisions Act Cap R.11 Laws of the Federation of Nigeria 2004.

?Appellant was actually arraigned on ten Counts. The first count charged him with conspiring with others at large to commit armed robbery while the other nine Counts alleged that he along with those others at large robbed different persons named in the charges while armed with a gun.

All the robberies were said to have taken place at about 2.00 am on 24/03/2010 at the complainants? common residence of No 3 Oshebo Street, Alegbor, Effurun in Delta State. The appellant was the secretary of the local vigilante commonly referred to as ?Civil Defence? in that neighborhood that employs Hausa men to help it in its guard duties. These men usually bear arms.

?Among the persons said to have

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been robbed by appellant and his gang were Victor Nwachukwu (PW1), a commercial motorcyclist; Friday Okunguni (PW2), an electric-generator technician; Fredrick Isikuhenhen (PW3), an automobile technician (motor mechanic) and PW6, Osifo Emmanuel, also an automobile technician.

Other persons the appellant was also charged with robbing in that same day and place but were not called by the prosecution are Elvis Eyefia, Okwili Ambrose, Aliu Rachael, Arana Akimu and Joseph Okpako. Counts IV, VI, VIII and X of the Information relating to these persons were consequently dismissed.

At the end of the trial Victor Nwachukwu(P.W.1), Friday Okunguni (P.W.2) and Mr Osifo (P.W.6) Emmanuel did not fare much better either as the Court held that Counts 111, V and V11 relating to them were also not proved by the prosecution. Appellant was therefore discharged and acquitted on them too.

In other words, only the robbery of Fredrick Isikuhenhen (P.W.3) was held proved by the lower Court and the appellant convicted and sentenced to death.

?The case for the prosecution in respect of the said robbery of Frederick Isikuhenhen (PW3) was presented by P.W.3 himself and

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two police officers that investigated the case. P.W.3 testified that on 24/03/2010 he was ill and sleeping in his house with its mosquito-net-door open when at about 2.00am armed robbers suddenly broke in and one of them hit his head with a gun. When he asked who did that, one of the robbers responded, saying ?Mopol?. At that time the light in his room, he claimed, was on, and, upon raising his head to take a look, he saw three robbers one of whom he said he identified as the appellant. He did not state how he identified him ? whether it was because he was the unmasked one or he identified him from his clothes or peculiar features.

?The robbers, he said, then told him to face down and demanded for money as they spoke to him. They then began to beat him and he gave them N12, 000.00. Apparently not satisfied with that amount, they began to search they searched his house and found the sum of N237,000.00, which they took along with the N12,000 he earlier gave them. They also took his Nokia phone valued at N9,000. They then argued among themselves whether to shoot him or not but finally locked him inside his house and left. He was later released