Uche Obidiozo & Ors. V. The State (1987)

LawGlobal-Hub Lead Judgment Report

AGBAJE J.S.C.

On 15th October, 1987. I dismissed this appeal and reserved my reasons for that judgment till today. I now give my reasons.

The three appellants, Uche Obidiozo, Emma George (Alias Ogbogo) and Gilbert Eze (Alias ‘OY’) stood trial in a Kano State High Court on a charge containing four counts. The first and the third counts charged each with an offence of conspiracy to commit armed Robbery contrary to Section 3A(b) of the Robbery and Fire Arms Decree No.47 of 1970 as amended, which offence carried a penalty of 21 years imprisonment without option of a fine. The 2nd and 4th counts charged each with the offence of Armed Robbery contrary to Section 1(2)(a) of the same Decree which offence carries a mandatory death penalty.

The first, second and third appellants were the first, second and third accused persons respectively in the Kano State High Court, the trial court. At the end of their trial in the High Court the learned trial Judge Fernandez J. found them guilty as charged. He held in this regard as follows:-

“I have no doubt in my mind that the 1st, 2nd and 3rd accused persons did conspire to rob and did rob with fire arms the 3rd and 4th prosecution witnesses.

I therefore find each of them guilty as charged under 1st, 2nd, 3rd and 4th head of charge.”

After listening to the allocutus of Counsel for the appellants he pronounced sentences on them in the following manner:-

“Since the punishment under 2nd and 4th head of charge is mandatory, it would be useless to pronounce any Sentences on 1st and 3rd head of charge which is 21 years. The sentence of this Court is as follows:

1st Accused

2nd Head of Charge. You are sentenced to death.

You are to be hanged by the neck until you are dead.

4th Head of Charge. You are sentenced to death.

You are to be hanged by the neck until you are dead.

2nd Accused