Cosy Emenike Ezenwafor V. Commissioner Of Police (2009)

LawGlobal-Hub Lead Judgment Report

OYEBISI F. OMOLEYE, J.C.A.

This is an appeal against the ruling of the High Court of the Federal Capital Territory holden at Abuja delivered on 5/9/07 by Hon. Justice A. M. Taiba.

The Appellant is standing trial on the following five-count charge of armed robbery and culpable homicide:

”COUNT ONE:

That you: Cosy Emenike Ezenwafor, ‘M’, 32 years of Efab Estate, Jabi – Abuja and others now at large on or at about 4/6/2007 at about 2000hrs at Gosa village along Airport Road, Abuja within the Jurisdiction of this Honourable Court did conspire with one another to commit felony to wit: Armed Robbery and you thereby by committed an offence punishable under Section 97 of Penal Code Law of the Northern Nigeria.

COUNT TWO:

That you: Cosy Emenike Ezenwafor, ‘M’, 32 years of Efab Estate, Jabi-Abuja and others now at large on or at about 4/6/2007 at about 2000hrs at Gosa Village along Airport Road, Abuja within the Jurisdiction of this Honourable Court did conspire with one another to commit felony to wit: Culpable Homicide punishable with death and you thereby by committed an offence punishable under Section 97 of Penal Code Law of the Northern Nigeria.

COUNT THREE

That you: Cosy Emenike Ezenwafor, ‘M’, 32 years of Efab Estate, Jabi-Abuja and others now at large on or at about 4/6/2007 at about 2000hrs at Gosa Village along Airport Road, Abuja within the Jurisdiction of this Honourable Court did commit Culpable Homocide punishable with death in that you caused the death of one Uchenna Anakor, ‘M’ by shooting the said Uchenna Anakor with a gun on the right side of his chest with the knowledge that his death would be the probable consequence of your act after you Cosy Emenike Ezenwafor earlier promised to kill the deceased over a dispute involving the sum of N109, 000.00 and you thereby committed an offence punishable under Section 221 of the Penal Code Law of Northern Nigeria.

COUNT FOUR

That you: Cosy Emenike Ezenwafor, ‘M’, 32 years of Efab Estate, Jabi- Abuja and others now at large on or at about 4/6/2007 at about 2000hrs at Gosa Village along Airport Road- Abuja within the Jurisdiction of this Honourable Court while armed with guns and other dangerous weapons robbed on Uchenna Anakor, ‘M’ now late of undisclosed amount of money, 3 G.S.M handsets and other valuables – value not known and you thereby committed an offence punishable under Section 298 of the Penal Code Law of Northern Nigeria.

COUNT FIVE

That you: Cosy Emenike Ezenwafor, ‘M’, 32 years of Efab Estate, Jabi-Abuja and others now at large on or at about 4/6/2007 at about 2000hrs at Gosa Village along Airport Road, Abuja within the Jurisdiction of this Honourable Court while armed with guns and other dangerous weapons robbed Mr. and Mrs. Christopher Ajoku of N8, 000.00 cash, 1 Motorolla G.S.M. Handset, 2 Woman bags and 1 wrapper – value not disclosed and Anah Agada, ‘F’, of 1 G.S.M. Handset with Glo line – make and value not disclosed and you thereby Pending the determination of his trial, the Appellant filed an application seeking the trial Court to admit him to bail. The prosecution now Respondent in this appeal filed a counter-affidavit in opposition to the said application of the Appellant. After due consideration of the submissions of the learned counsel for both parties for and against the application for bail, the learned trial Judge in his considered ruling delivered on 5/9/07, refused to grant but dismissed the application. He held “inter alia” as follows:

“…………The grant or refusal of a bail is entirely within the discretionary powers of the court. Like in all matters of discretion, the court must act judicially and judiciously.