Terungwa Igba V. The State (2017)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

OYEBISI FOLAYEMI OMOLEYE, J.C.A. (Delivering the Leading Judgment)

This appeal is against the judgment of the High Court of Taraba State sitting in Takum (hereinafter called ?the trial Court?) per E. A. Garba, J. delivered on 22nd of July, 2015 in Suit No. TRST/2C/2009 whereby the Appellant was convicted and sentenced for the offences of criminal conspiracy and armed robbery.

The background facts of the matter which culminated in the appeal are that the Appellant with two other accused persons were arraigned before the trial Court on a two-count charge reproduced hereunder verbatim as follows:

COUNT 1

STATEMENT OF OFFENCE

Criminal conspiracy contrary to Section 97(1) of the Penal Code and punishable under same.

PARTICULAR OF OFFENCE

That you (1) Terver Kapin (Alias Jarule) (2) Tersoo Fater and (3) TerungwaIgba on or about the 11th day of October, 2008 at Kufai Ahmadu in Takum Local Government Area within Takum Judicial Division, agreed to do an illegal act to wit: You Jointly and severally robbed one Mrs. Tabitha Samuel of the following:

(1) The sum of N27,800.00 (2) One Ghana must go

bag containing wrappers, some sheda pieces, lace, some children clothes and quantity of sugar all valued at N57,040.00 (3) 2 five litres jerican of illicit gin ?Ogogoro? valued at N2,900.00 and (4) One hand pump for motorcycle and same was done in furtherance of the said agreement.

COUNT II

STATEMENT OF OFFENCE

Robbery contrary to Section 296(2) of the Penal Code and punishable under Section 298(a) of the Penal Code.

PARTICULARS OF OFFENCE