Akalazu V. State (2022)

LAWGLOBAL HUB Lead Judgment Report

ADAMU JAURO, J.S.C.

This is an appeal against the judgment of the Court of Appeal, Owerri Judicial Division which affirmed the judgment of the High Court of Imo State wherein the Appellant was convicted for the offences conspiracy to commit armed robbery and armed robbery contrary to Section 5(b) and 1(2)(a) of the Robbery and Firearms (Special Provisions) Act, Cap. 398, Vol. XXII Laws of the Federation of Nigeria, 1990.

BRIEF STATEMENT OF FACTS

The Appellant was tried alongside one Andrew Duru on a two counts charge which reads as follows:

“STATEMENT OF OFFENCE – COUNT I

Conspiracy to commit robbery contrary to Section 5(b) of the Robbery and Firearms (Special Provisions) Act, Cap. 398, Vol. XXII Laws of the Federation of Nigeria, 1990.

PARTICULARS OF OFFENCE

Cletus Akalazu and Andrew Duru on 11th day of July, 1998 at Ihiteaforukwu in the Ahiazu Mbaise, in the Mbaise Judicial Division, conspired with other people at large to commit offence to wit: robbery.

STATEMENT OF OFFENCE – COUNT II

Armed robbery contrary to Section 1(2)(a) of the Robbery and Firearms (Special Provisions) Act, Cap. 398, Vol. XXII Laws of the Federation of Nigeria, 1990.

PARTICULARS OF OFFENCE

Cletus Akalazu and Andrew Duru on 11th day of July, 1998 at Ihitte Aforukvvru in the Ahiazu Mbaise, in the Mbaise Judicial Division armed with firearms and robbed one Victor Nwoko of his property which included Mercedes Benz car with registration No. AA 328 AFR, some cartons of drugs, cosmetics and provisions, typewriter and cartons of drinks, all property are worth N946,000.00.”

At the trial of the case, the Respondent as prosecution called four witnesses and tendered seven exhibits, including Exhibits A and C, the Appellant’s confessional statements. The Appellant testified in his defence, while his mother testified as DW2. The second accused person also testified alongside his wife.

It was the case of the Respondent that the Appellant and seven others while armed with guns robbed PW2, Victor Nwoko on 11th July, 1998 and carted away properties worth N946,000.00. Four of them were said to be masked while the other four were not. PW2 reported the matter to Ahiazu Mbaise Police Station, but when he noticed that the matter was not being satisfactorily investigated, he made another report at the State CID Headquarters on 21st July, 1998. That in the first week of July, 1998 there was another robbery incident in the house of one Dr Wilson Emele “Wellinco”. The security men at the house of the said Wellinco engaged the robbers and that one of the said robbers escaped with gunshot wounds. That the matter was reported to the police and it was discovered that one Osita was lying critically ill in the hospital after sustaining bullet wounds. In order to apprehend the robbers, the Police set up surveillance at the hospital and when the Appellant went to visit the said Osita at the hospital, he was arrested by the police at Isiala Mbano.