Ikechukwu Ikpa V. The State (2017)

LAWGLOBAL HUB Lead Judgment Report

AMINA ADAMU AUGIE, J.S.C.

The Appellant was arraigned before the Imo State High Court, Orlu, on a two-Count Charge of conspiracy to commit felony, and obtaining money by false pretence. He pleaded not guilty, and to prove its case, the Prosecution called six witnesses.

The case for the Prosecution is that the Appellant obtained the sum of N399. 000.00 from Mrs. Justina Okeke [PW2] on the understanding that he would supply her with gold wristwatches and trinkets, which he claimed were to be cleared at the Wharf; however, the Appellant ran away after he collected the money.

The Appellant testified in his defence and did not call any other witness. He denied the allegation and claimed that PW2 trumped up the Charge against him because he had refused to marry her daughter, ljeoma [PW1], who was his girlfriend then.

The learned trial Judge, Njemanze, J. (as he then was), did not believe him and concluded as follows in his Judgment-

I have considered the totality of the evidence adduced in this case and I accept and believe the evidence of PW1, PW2, PW3 and PW4. I find as a fact that the

1

Accused represented to PW2 that he had gold watches, trinkets and jewelries to sell to her and as a result of this representation PW2 gave a total sum of N399,000.00 to the Accused. I also find as a fact that the Accused knew at the time he made the representation that he did not have any jewelries or trinkets to sell to PW2. In effect, the Accused knew at the time he made the representation that the said presentation is false. I have considered the defense of the Accused and I do not believe him. The Accused in his defence made strenuous effort to avoid the facts of the allegation against him. I hold from the evidence before me that the Prosecution has proved Count Two of this Charge beyond reasonable doubt. The prosecution failed to prove Count One of the charge beyond reasonable doubt. The evidence is not sufficient enough to prove the offence of conspiracy as charged. I find the Accused NOT GUILTY in Count One of the Charge. The accused is therefore discharged and acquitted in Count One of the charge. From the evidence before me I hold that the Prosecution has proved Count Two of the Charge beyond reasonable doubt. I, therefore, find the Accused guilty of

2

Count Two as charged.

After Allocutus, the learned trial Judge sentenced the Appellant to a term of “ten years imprisonment with Hard Labour.”

Aggrieved, the Appellant appealed to the Court of Appeal with a Notice of Appeal containing two Grounds of Appeal from which he formulated three Issues for Determination in his Brief. The Court of Appeal resolved all the three issues against him, and dismissed the Appeal. It affirmed the trial Court’s decision.

Further aggrieved, the Appellant has come to this Court to seek succour. His Notice of Appeal filed in this Court contains six Grounds of Appeal and he has formulated four Issues for Determination there from in the Appellant’s Brief of Argument.

The said four Issues for Determination are as follows –