Eugene Ibe V. State (1992)

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L. KUTIGI, J.S.C. 

At the Owerri High Court the appellant was charged as follows:-

“STATEMENT OF OFFENCE

Robbery, contrary to Section 1(2)(a) of the Robbery and Firearms (Special Provisions) Act 1970 (Decree No.47 of 1970) as amended by the Constitution of the Federal Republic of Nigeria (Certain Consequential Repeal etc) Decree No. 105 of 1979.

PARTICULARS OF OFFENCE

Eugene Ibe on or about the 14th of September, 1981, at Apostolic Faith Church along Owerri/Uratta Road, Owerri in the Owerri Judicial Division in company with another person unknown armed with firearms robbed Stella Oleribe, the sum of N16.00″

At the trial the appellant pleaded not guilty to the charge. The prosecution called a total of six witnesses to prove their case while the appellant testified in his own defence. He called no witnesses.

The learned trial Judge after considering the evidence adduced by the prosecution and the defence of the appellant found the appellant guilty as charged and sentenced him to death. On appeal, the Court of Appeal dismissed the appeal. It is against that judgment that the appellant has now further appealed to this Court.

The facts of the case are briefly that the appellant, in company of another person armed with firearms at night robbed one Stella Oleribe of the sum of N16.00. She testified as P.W.2. She was beaten with the butt of the gun. The incident took place at the premises of the Apostolic Faith Mission Aladinma, Owerri. P.Ws 1, 3 &4 who were in the Church premises with P.W.2 on the fateful day also narrated how they were maltreated and beaten up by the appellant and his comrade. P.W.2 recognised the appellant because he had before then carried out some carpentry jobs for the mission in the premises. She even knew the appellant’s workshop. As the appellant also spoke to his victims on the fateful night P.W.2 recognised his voice as well. It was P.W.2 who led the police to the appellant’s workshop where he was arrested.

The appellant in his defence denied robbing anyone. He said he was in his house on the day of the incident. He however admitted having carried out some carpentry works for the Church and having seen P:W.2 at the time. He also agreed that he had seen P.W.2 pass by his workshop before this incident.

In the Court of Appeal the following four issues were raised for determination:”

i. Whether the learned trial Judge made a correct evaluation of the evidence led by the parties by arriving at a proper conclusion on the prosecution’s evidence before considering that of the defence.

ii. Whether the learned trial Judge properly directed himself as to the standard of proof, having regard to the issues before him especially the evidence led by the prosecution in attempting to rebut the defence of alibi raised by the accused.

iii. Whether it was proved that Eugene Ibe, the accused was actually identified by the prosecution witnesses as that is one of the main reasons why the learned trial Judge convicted him and neglected his defence.