Irene Nguma (Alias Irene Okoli) Vs Attorney-general, Imo State (2014)

LAWGLOBAL HUB Lead Judgment Report

MUSA DATTIJO MUHAMMAD, J.S.C.

This is an appeal against the decision of the Owerri Division of the Court of Appeal (hereinafter referred to as the court below) delivered on 18th April, 2011 affirming the decision of the Imo State High Court, (hereinafter referred to as the trial court) convicting the appellant for the offences of conspiracy and Armed Robbery in charge HOW/51C/99 and sentencing her to death.

A brief summary of the facts of the case that brought about the appeal is rendered immediately.

The appellant and the 1st accused person were tried on a two count Charge of Conspiracy and Armed Robbery contrary to Sections 5(b) and 1(2) of the Robbery and Firearms (Special Provisions) Act CAP 398 Laws of the Federation 1990 respectively. Each of the two,who claimed to be husband and wife, pleaded not guilty to each head of charge. Augustine Chukwunyere, PW1, and Inspector Atti Okon,PW2,testified for the respondent. Nine Exhibits including a Berreta Pistol, two life ammunitions,an axe, a pump action gun,PW1’s application for and the bond for the release to him of recovered items as well as the statements of the appellant and 1st accused were tendered by the respondent through the two witnesses. The appellant and 1st accused testified as DW1 and DW2 respectively.

Respondent’s case is that PW1 had come back to Nigeria from the United States for the Christmas and memorial service of his late wife. He was staying at his Uzoagba country home. Prior to the memorial service which took place on 31st December, 1998, the appellant and her alleged husband had visited and were seen at PW1’s compound. PW1 is the victim of the robbery for which the appellant and her alleged husband,the 1st accused,were tried, convicted and sentenced.

In the early hours of 31st December,1998,three men,including the 1st accused broke into PW1’s country home. The 1st accused, the lower part of whose face was covered with a handkerchief, had a gun in his hand. The other two men had shot guns. Having been ordered by the three men, PW1, out of fear, brought out his leather bag and emptied all the money in it on the floor. In compliance with 1st accused person’s subsequent order, PW1 packed all the money back into the leather bag. The three men carted away from PW1’s house the sum of N330, 000.00k in Naira notes, one hundred and fifty Dollars, forty pounds in twenty pound denomination, a wrist watch, some Jewelry and their victim’s mobile phone. The robbers who, before gaining entry into PW1′ compound had overpowered and tied the night guards, also robbed the next house which belonged to PW1’s cousin Nelly Chuwunyere. PW1 recognized the 1st accused whom he had met twice before the robbery incidence because at the time of the robbery the lamp in the compound was lit and in addition, 1st accused had a flash light. PW1 particularly noticed that on the first day he met the appellant she had a ring on her nose and chain around one of her legs.

1st accused was arrested at about 12 noon on 1st January, 1999 after the robbery incident had been reported to the police by PW1 and his relations. Upon sighting the 1st accused, PW1 alerted the police at their Uzoagba post. 1st accused was at the market square trying to board a vehicle. After his arrest, he took the police to the house of the appellant from whom PW1’s mobile phone, leather bag containing the sum of N25,000.00k, gold chain, wedding ring, pair of shoes and wrist watches were recovered. An axe and a gun were also retrieved from the premises. At 1st accused’s Irete residence, one pump action gun was also recovered.

The appellant’s defence is a total denial of committing the offences. In Exhibit “7”, her statement to the police,the appellant not only denied her participation in the crime she also disputed the recovery of PW1’s property from her. The appellant and 1st accused alleged that the police had tortured them while recording their statements. Her statement, Exhibit 7 and 1st accused’s statements,Exhibits “8” and “9”,were admitted in evidence after a trial within a trial. At the end of trial,the trial court found the appellant and the 1st accused guilty as charged, convicted and sentenced them accordingly. The lower court’s affirmation of the trial court’s decision brought about this appeal.

At the hearing of the appeal, parties identified, adopted and relied on their respective briefs they had before then filed and exchanged as their arguments for and against the appeal. The three issues the appellant distilled at pages 3-4 of her brief read:-

“3.01. Whether the lower court was fight in deciding that despite the provisions of Section 36(11) of the 1999 Constitution and Section 160(a) of the Evidence Act, the confessional extra-judicial statement said to be made by the Appellant which she resiled from, was still admissible in law, (Derived from Ground One of the Grounds of Appeal.)

3.02. Whether the lower court’s decision in striking out the issues before it relating to the marriage between Appellant and 1st Accused Person, on the ground that the trial court’s pronouncement on same was obiter, is correct. (Derived from Grounds Two and Three of the Grounds of Appeal).

3.03. Whether the lower court was right in its decision that Exhibits 1, 2, 5 and 6 properly corroborated Exhibit 7 and together proved the guilt of the Appellant of the offence charged. (Derived from Ground Four of the Grounds of Appeal.”

The respondent also distilled three issues as having arisen for the determination of the appeal thus:-

“(a) Whether on extra-judicial statement of an accused person is rendered inadmissible by reason that the accused person resiled thereon.