Peter Ogu V. Commissioner Of Police (2017)

LAWGLOBAL HUB Lead Judgment Report

KUDIRAT MOTONMORI OLATOKUNBO KEKERE-EKUN, J.S.C.

The appellant herein and two others were charged before the High Court of the Federal Capital Territory, Abuja on a four count charge of criminal conspiracy, armed robbery, culpable homicide and rape, contrary to Sections 97, 298, 221 and 283 respectively of the Penal Code of Northern Nigeria. It was alleged that on the 28th day of January 2006 at about 0230 hours at Dape Village, Life Camp, Abuja, the appellant and his co-accused conspired to rob and did rob one Ochokwu Ene (m) of a set of V.C.D. and shot him dead. It was alleged that on the same date and at the same place and time, while armed with a gun and other dangerous weapons, they also robbed one Emmanuel Abu (m) and raped one Hadiza Ochokwu (f), wife of the deceased. All the accused persons pleaded not guilty to the charge. The prosecution called five witnesses to establish its case. The appellant and his co-accused testified on their own behalf and did not call any other witness. At the conclusion of the trial, in a considered judgment delivered on 15/11/2011, all the accused persons were acquitted and

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discharged on the charges of rape and culpable homicide for lack of evidence. The 3rd accused, Olukayode Johnson was found not guilty on each of the counts and accordingly acquitted and discharged. The appellant and the 2nd accused were found guilty and convicted on the charges for conspiracy and armed robbery. On the charge for conspiracy, they were sentenced to five years imprisonment each, On the charge for armed robbery they were each sentenced to ten years imprisonment and a fine of N10,000.00. The sentences are to run consecutively. The appellant’s appeal to the Court of Appeal, Abuja Division was dismissed on 17th December, 2012. He is still dissatisfied, hence the instant appeal.

At the hearing of the appeal on 12/10/2017, ALIYU SAIKI ESQ., leading two other counsel, adopted and relied on the appellant’s amended brief of argument deemed filed on 20/10/2016 in urging the Court to allow the appeal. AISHA EGELE ESQ., adopted and relied on the amended respondent’s brief deemed filed on 12/10/2017 in urging the Court to dismiss the appeal.

Learned counsel for the appellant distilled two issues for the determination of this appeal, to wit:<br< p=””

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Whether the Court below was right in affirming the conviction of the appellant on the ground that the reliance placed on the alleged confessional statement Exhibit A to convict the appellant was in order and well founded. (Ground 2)

2 Whether there was sufficient evidence before the Court linking the appellant with the commission of the offences of conspiracy and armed robbery to warrant the affirmation of his conviction by the Court below. (Grounds 1 & 3).Learned counsel for the respondent also formulated two issues thus:

1. Whether the reliance placed on a confessional statement Exhibit A in affirming the conviction of the appellant by the Court below was justified. (Ground 2)
2. Whether based on the evidence adduced, the Court below was wrong in affirming the conviction and sentence of the appellant for the offences of conspiracy and armed robbery (Grounds 1 & 3).

The issues formulated by both parties are the same, though differently worded. I shall therefore adopt the issues formulated by the appellant for the resolution of the appeal. I shall take the two issues together.

Arguing the first issue, learned counsel

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for the appellant, relying on Igabele v. The State (2006) 6 NWLR (Pt.976) 100; Ani v. The State (2003) 11 NWLR (Pt.830) 142 & Alor v. The State (1997) 4 NWLR (Pt.505) 511, submitted that the prosecution has the burden throughout the trial of establishing the guilt of the accused beyond reasonable doubt. He submitted that in discharging the burden of proof, the prosecution must provide admissible, compelling, conclusive and undoubted evidence. He referred to Section 138 (1) of the Evidence Act; Joseph Vs The State (2011) 16 NWLR (Pt.1273) 226 @ 241; Onakoya v. FRN (2002) 11 NWLR (Pt.779) 595. He submitted that the prosecution may secure a conviction either through the confessional statement of the accused, eye witness account of the crime or the circumstances surrounding the commission of the offence.