Onukwube V. State (2020)

LAWGLOBAL HUB Lead Judgment Report

EJEMBI EKO, J.S.C. 

The Appellant, as the 2nd accused person, was charged and tried for the offence of armed robbery contrary to 1 (2) (a) of the Robbery and Firearms (Special Provisions) Act, Cap 111 LFN 2004. The particulars of the offence are that: the Appellant and three others “on or about 18th Day of April, 2014 at No. 1/3 Umu-Anaghara Close Achara Layout, Enugu -, while armed with gun did rob one Ugochukwu Francis Nwaiwu of the following items: two Laptops, four cell phones, one Techno Tab, One Laptop Hard-Disk, a box containing jewelries, two Travelling bags, One National ID Card, Two ATM Cards of Eco Bank and Keystone Bank and a sum of N100,000.00— cash.” The Appellant had no notice of any other offence apart from the alleged armed robbery punishable under Section 1(2)(a) of the Robbery and Firearms (Special Provisions) Act.

The Interpretation part of the said Act defines, in Section 11 thereof, “robbery” and “steal” as:

“robbery” means stealing anything and, at or immediately before or after the time of stealing it, using or threatening to use actual violence to any person or property in order to obtain or retain the thing stolen or to prevent or overcome resistance to its being stolen or retained.

“steal” means to take or convert to one’s use or the use of any other person anything other than immovable property, with any of the following intents –

(a) an intent to deprive the owner of the thing of it;

(b) an intent permanently to deprive any person who has any special property in the thing of such property, the term “special property” here including any charge or lien upon the thing in question and any right arising from or dependent upon holding possession of the thing in question, whether by the person entitled to such right or by some other person of his benefit;

(c) an intent to use the thing as a pledge or security;

(d) an intent to part with the thing on a condition as to its return which the person taking or converting it may be unable to perform;

(e) an intent to deal with the thing in such a manner that it cannot be returned in the condition in which it was at the time of taking or conversion.

(f) in the case of money, an intent to use it at the will of the person who takes or converts it, although he may intend to repay the amount to the owner.

Armed robbery is an aggravated robbery, which robbery becomes so aggravated, as it is provided in Section 1(2) of the Act-

(2) If –

(a) any offender mentioned in sub-section (1) of this Section is armed with firearms or any offensive weapon or is in company with any person so armed; or