Obinah John V. The State (2016)

LAWGLOBAL HUB Lead Judgment Report

NWALI SLYVESTER NGWUTA, J.S.C.

Appellant and six others were arraigned before the Ibadan Judicial Division of the High Court of Justice, Oyo State. Appellant and 5 other accused persons were charged with one count of conspiracy to commit armed robbery contrary to Section 5(b) and punishable under Section 1 (2) (a) of the Robbery and Firearms (Special Provision) Act (Supra).

The 7th accused person was charged with one count of sheltering armed robber contrary to Section 5 (b) and punishable under Section 1 (2)(a) of the Act.

Before the commencement of the trial, two of the accused persons were reported dead and the third one was said to be at large. On the application of the prosecuting Counsel, the names of the said three accused persons were struck out and the trial of the remaining four accused persons opened, each of them pleading not guilty.

The prosecution called seven witnesses and closed its case.

1

Learned Counsel for one of the accused persons made a no-case submission-on behalf of the four accused persons. Based on the no case submission, the trial Court acquitted and discharged the 4th accused person on the charge of sheltering armed robber. The Court called upon each of the remaining three accused persons to enter upon his defence. Each of them gave a sworn testimony on his behalf but called no other witness. Learned Counsel for the parties addressed the Court.

In its judgment delivered on 9th November, 2006 the trial Court convicted each of the accused persons in Counts 1, 2, 3, 4 and 6, having acquitted and discharged each of them in Count 5 of the information. The Court sentenced each of the convicts to death by hanging.

Aggrieved by the judgment, appellant, Obinah John, appealed to the Ibadan Division of the Court of Appeal, which Court dismissed the appeal on 1st November, 2013. The Court below affirmed the judgment of the trial Court.

Being dissatisfied with the judgment of the Lower Court, appellant appealed to this Court on the five grounds contained in his Notice of Appeal dated 28th November, 2013.

From the five grounds of appeal, learned

2Counsel for the appellant distilled the following three issues for determination:

“1. Whether the ingredients of the offences of conspiracy to commit the offence of armed robbery and armed robbery were proven beyond reasonable doubt in respect of the appellant(Grounds 3 & 4).

2. Whether the Court of Appeal could rightly sustain the appellant’s conviction and consequent sentencing based on the alleged confessional statement made by the appellant to (sic) (Grounds 1 and 2).
3. Whether the death sentence on the appellant is warranted(Ground 5)”

In his brief of argument, learned counsel for the respondent, having stated the facts of the case, said in Paragraph 3.1. of the Respondents Brief: