Onyedikachi Osuagwu Vs The State (2016)

LAWGLOBAL HUB Lead Judgment Report

CHIMA CENTUS NWEZE, J.S.C.

The appellant in this appeal and three other persons were arraigned at the High Court of Imo State, Ahiazu Mbaise Judicial Division, on information in which they were charged with the following:

COUNT 1

STATEMENT OF OFFENCE

Conspiracy contrary to Section 516 of the Criminal Code Act Cap. 77 LF (sic) 1990 applicable to Imo State;

PARTICULARS OF OFFENCE

Onyedikachi Osauagwu, Chimezie Ogu, Michael Anyanwu and Chibuike Samuel Ibe on the 15th day of December, 2005, at Umuduruji Elekenaowari Obohia Azuazu, Mbaise in the Aboh, Mbaise Judicial Division, conspired among yourselves to rob with guns are Cosmas Azodiro of the sum of N1,827,000 (One Million, Eight Hundred and Twenty Seven Thousand Naira) belonging to him.

COUNT 2

STATEMENT OF OFFENCE

Armed Robbery, contrary to Section 402 (2) (a) of the Criminal Code Act, Cap. 77 Laws of the Federation, 1990, as applicable to Imo State.

PARTICULARS OF OFFENCE

Onyedikachi Osuagwu, Cmezie Ogu, Michael Anyanwu and Chibuike Samuel Ibe on the 15th day of December, 2005 at Umuduruji Elekenaowari Obohia Azuazu Mbaise in the Aboh Mbaise Judicial Division, armed with short guns robbed one Cosmas Azodiro of the sum of N1, 827, 000 (One Million Eight Hundred and Twenty Seven Thousand Naira) belonging to him.

(Italics supplied for emphasis)

Sequel to their plea of “Not guilty” on June 4, 2008, trial commenced. In proof of their case, the prosecution called five witnesses. The court (hereinafter, simply, referred to as “the trial court”), also, admitted certain documents as exhibits, A; B; C; D; E; F and G. At the end of the case of the prosecution, counsel for the appellant entered and relied on his No Case submission.