Nnamdi Osuagwu V. The State (2013)

LAWGLOBAL HUB Lead Judgment Report

BODE RHODES-VIVOUR J.S.C

The Appellant, as accused person was arraigned before an Abeokuta High Court (Ogun State) on a two count charge which read:

COUNT 1

That you, Nnamdi Osuagwu and others still at large on or about the 27th day of November, 2001 at No, 2 School Road, Ibafo in the Abeokuta Judicial Division conspired together to commit a felony to wit. Armed Robbery and thereby committed an offence contrary to Section 5(b) and punishable under Section 1 (2)(a) of the Robbery and Firearms (Special Provisions) Act 1990, as Amended by the Tribunals (Certain Consequential Amendments, etc) Act 1999.

COUNT 2

That you, Nnamdi Osuagwu and others still at large on or about the 27th day of November, 2001 at No. 2 School Road, Ibafo in the Abeokuta Judicial Division, while armed with offensive weapons to wit: guns robbed one Mathew Romanus of the sum of N10,000,00 (Ten Thousand Naira) and thereby committed an offence contrary to and punishable under section 1(2) (a) of the Robbery and Firearms (Special Provisions) Act, 1990 as amended by the Tribunals (Certain Consequential Amendment) Act 1999.

Trial commenced with reading of both counts to the accused person on the 5th of December, 2003. He entered not guilty pleas to both counts. At the trial the respondent (prosecution) called six witnesses, and tendered fifteen exhibits. They are:

1. Statement of Sunday Chukura – Exh. A
2. Statement of Mathew Romanus – Exh. B
3. Statement of Mathew Romanus – Exh. C
4. Statement of accused/appellant – Exh. D
5. Statement of accused/appellant – Exh. E
6. Admission/confessional Statement Form – Exh. F
7. Damaged muzzle of short gun – Exh. G
8. Two live cartridges – Exh. G1, G2
9. Five empty shells – Exh, G3, G4, G5, G6, G7
10. Two wraps of weeds suspected to be Indian Hemp – Exh, G8. G9

A trial within trial was conducted werein a damaging confessional statement, Exhibit E was admitted in evidence.

The accused person gave evidence in his own defence, but called no witness. Closing speeches were made on the 18th January 2005, and judgment delivered on the 28th of January, 2005.

The Learned trial judge found the appellant guilty on both counts. The penultimate paragraph of the judgment explains the learned trial judge’s reasoning.

It runs as follows:

“I have tested the confession of the accused person in this case against other admitted facts and I hold that it can be sustained. It is a voluntary confession, I even hold that without confession of the accused person I believe the evidence of the prosecution witnesses implicating the accused person in the crime of the armed robbery that was committed on the 27th November, 2001 of Ibafo, I hold that there was robbery on that day, that the robbers were armed and that the accused person was one of the robbers.

I therefore find him guilty on count 1 and 2 as charged.”

The Appellant was sentenced to death. The accused person lodged an appeal. The appeal was heard by the Court of Appeal, (Ibadan Division), that court heard and dismissed the appeal as being without merit. This appeal is against that judgment.