Joel Adamu V. The State (2017)

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

The appellant and two others were charged before the High Court of the Federal Capital Territory (FCT) on a two-count charge of conspiracy and armed robbery contrary to Section 5 and 1(2) (a) of the Robbery and Firearms (Special Provisions) Act Cap 398 Laws of the Federation of Nigeria, 1990 respectively.

They were alleged to have committed the offences on 8/9/2005 at Anglican Church Guest House, Dauda Street, Wuse Zone 5, Abuja. In the course of the armed robbery they were alleged to have robbed 5 victims of various sums of money and other valuable items such as jewelry, handsets and wristwatches. The appellant and his co-accused pleaded not guilty to each of the counts. At the trial the prosecution called 3 witnesses: PW1, Inspector Akeem Lamboye a Police Officer attached to Wuse Division of the Nigeria Police, FCT Command, PW2, Inspector Obeh Azuka attached to the Special Anti Robbery Squad (SARS), FCT command who took over the investigation and PW3, Julius Nomshem, a security guard and staff of the Guest House.

In their defence

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the accused persons testified on their own behalf and called no other witnesses. Five sets of exhibits were tendered. Exhibit C and A1 were statements of the Appellant made at Wuse FCT and SARS respectively.

The facts of the case, as presented by the prosecution, are as follows: Upon receipt of distress call on 8/9/2005 relayed from the FCT command control room that some armed robbers had invaded the Anglican Church Guest House, PW1 and his team went to the scene to investigate. They met the manager of the hotel as well as PW3, the security guard. They also met some victims of the attack who narrated how they were relieved of their valuables by the bandits. On being informed that the robbers escaped through the bush, PW1 and his team proceeded to the canal at the back of the Guest House and blocked possible exits. The 1st accused, James Simon, was arrested and searched. The following items were found on him: N4,930 in cash, one necklace, two wrist watches, and a belt. The 1st accused led the police team to Jabi Motor Park where the appellant and the 3rd accused were arrested. They were searched and the police recovered cash, two handsets and jewellery

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from them. They were taken to the police station where they volunteered statements. The case was transferred to SARS (SCID) and handed over to PW2 who invited some of the victims. They made statements. The appellant also made a statement.

PW3, the security guard, testified as to how in the course of his patrol around 3.40am, he saw someone near the generator house. As he walked towards him several other men emerged with weapons such as cutlass, machetes, sticks and a locally made pistol. They took him to the security post and tied him down. They left one person to guard him. According to him, the 1st and 3rd accused persons were the ones who tied him up. He could see their faces because there was light in the compound. They removed his handset, the sum of N1,505.00 and his security torch light. He was gagged and threatened with death if he raised an alarm. He identified the accused person at the police station.

In his defence the appellant denied committing the offence and also denied making Exhibits C and A1. At the conclusion of the trial, in a well considered judgment delivered on 31/1/2012, the learned trial Judge found him guilty

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on each count of the charge and sentenced him to death by hanging. Dissatisfied with the decision, he appealed to Court of Appeal Abuja Division (the Court below), which on 23/1/2013, dismissed the appeal and affirmed the judgment of the trial Court. Still dissatisfied he has further appealed to this Court vide a notice of appeal dated 18/2/2013 containing four grounds of appeal. With leave of this Court granted on 15/7/2013, he filed an additional ground of appeal, which was incorporated in his amended notice of appeal deemed filed the same day, making a total of five grounds of appeal.

At the hearing of the appeal on 20/10/2016, ALIYU SAIKI ESQ., leading other learned counsel, adopted and relied on the appellant’s brief, which was deemed properly filed on 15/7/2013 and urged the Court to allow the appeal. AISHA EGELE (MISS) adopted and relied on the respondent’s brief deemed properly filed on the same day, 20/10/2016, and urged the Court to dismiss the appeal and affirm the concurrent findings of the two lower Courts.