Nonso Vincent V. The State (2016)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

PAUL OBI ELECHI, J.C.A.(Delivering the Leading Judgment)

This is an appeal against the decision of the State High Court presided over by His Lordship, Hon. Justice M.O. Abodunde. The judgment was delivered on the 21st day of March, 2014 wherein the Appellants and his Co-Accused persons (4 in number i.e Tunde Abe (1st Accused), Hyginious Obunisire (2nd Accused), Monday Eze (3rd Accused), and Nonso Vincent (the 4th Accused) were tried on a five (5) counts Charge of conspiracy to commit a felony to with: armed robbery in count 1 and armed robbery in counts 2 to 5 respectively.

The Trial Judge found the 1st, 3rd, 4th Accused persons guilty as charged on counts 1, 4 and 5 and consequently sentenced them to death by hanging on the neck. On Counts 2 and 3, the learned Trial Judge found 1st, 2nd, 3rd and 4th Accused persons not guilty and discharged them accordingly; equally, the 2nd Accused persons was found not guilty on Counts 1, 4, and 5 and consequently discharged and acquitted.

Being aggrieved by the judgment, the Appellant (i.e the 3rd Accused before the lower Court) herein filed his Appeal challenging the judgment of the lower Court.

?The 3rd

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Accused person before the lower Court is the Appellant in this appeal.

BACKGROUND FACT OF THIS APPEAL

There were a series of armed robbery incidents at No. 24, Ajibade lane, Ado Ekiti on the 21st day of March, 2003 at about 1.30am. The Armed Robbers were armed with guns, cutlasses, torchlights etc. the Occupants of the house i.e No. 24, AJIBADE Lane, Ado Ekiti that were robbed on the fateful day are Okereke Okoroafor and Gift Okereke (they are husband and wife) and Mrs. Jumoke Adeitan. They were robbed of their belonging.

?The Armed robbers thereafter escaped with their loots. In the morning of 21st day of March, 2003, the 3rd Accused person (i.e Monday Eze) was the first person to be arrested alone Ado Ekiti to Ikere Ekiti Road. The vehicle that the 3rd Accused boarded (a/Suzuki mini-bus popularly called ?Akoto?) was intercepted by the policemen on patrol along Ado Ekiti to Ikere Ekiti. The police ordered the Driver to come and open the booth of the vehicle, after opening the booth, there was a bag containing the following objects; a short double barrel gun, cutlasses, torchlights etc. which were later tendered before Court as

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Exhibits B1-3, C and D1-4. When the police asked for the owner of the bag containing those things, the driver told them that it was the 3rd Accused person who was as at then sitting at the front of the Suzuki (Akoto) Bus who immediately, the 3rd Accused person jumped off the Akoto Suzuki Bus and took to his heels. However, the 3rd Accused was thereafter arrested. (Please, see page 20 of the record).

The 3rd Accused person, after the arrest promised the police that they should handle him gently as he would show the houses of his Co-Accused. He took the police to the House of other accused persons wherein some moneys were recovered from his Co-Accused i.e the 1st Accused person. The 3rd Accused person and the 1st Accused person traced the Appellant (4th Accused person) to his shop at Ojumose and he was arrested there. The Appellant narrated to the PW2 i.e the IPO how he spent his own share of the proceeds from the Armed Robbery i.e N5,000.00 to pay debt and that his own share now remain N2,000.00 with him. (See LINES 18-21 on page 21 of the Record). The 3rd Accused person and the 4th Accused person (now the appellant), in particular took the Police to the

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