Fabian Nwaturuocha V. The State (2010)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

HON. JUSTICE UWANI MUSA ABBA AJI, J.C.A. (Delivering the Leading Judgment)

This is an appeal against the judgment of Hon. Justice I.O. Bello of the High Court of the federal Capital territory, Abuja, delivered on the 24th day of January, 2008, wherein the learned trial judge convicted and sentenced the Appellant to 11 years imprisonment and a fine of N250,000.00 for the offence of robbery punishable under Section 298 (b) (i) of the panel Code.

The case of the Respondent before the trial court was that the Appellant robbed one Taye Musa (PW1) a commercial driver of his commercial vehicle, Toyota Starlet car with Registration No AA445ABJ at gun point around 6.30pm on the 22nd October, 2008. The Appellant pleaded not guilty to the charge. To substantiate the case against the Appellant, the Respondent called two witnesses. The Appellant testified in his own defence and called two other witnesses. In a considered judgment delivered on the 24th day of January, 2008 the learned trial judge found the Appellant guilty and sentenced him to 11 years imprisonment and a fine of N250,000.00

Aggrieved by the said judgment, the Appellant appealed to this court vide a Notice of Appeal filed on the 10th April, 2008 on a lone ground of appeal. The Appellant filed two Additional Grounds of Appeal that was deemed properly filed by order of court on the 19th March, 2009.

The Appellant’s original and the two Additional Grounds of Appeal shorn of their particulars are hereby reproduced:

GROUNDS OF APPEAL

1.)Error in Law

2.)The learned trial Judge erred in law and proceeded on wrong principles of law in holding that the Respondent proved its case beyond reasonable doubt.

3.)The learned trial Judge erred in law in holding that the ingredients of the offence of Alibi were not satisfied by the Appellant and Judge proceeded on wrong principles of law in convicting the Appellant.

As is the practice in this Court, parties filed and exchanged briefs of argument. In the Appellant’s brief settled by Sam T. Ologunorisa, Esq., learned Counsel formulated two issues for the determination of the appeal, to wit:’

i)Whether in the circumstances of this case, the Respondent proved its case beyond reasonable doubt.

ii)Whether the ingredients of the defence of Alibi were satisfied by the Appellant and the learned trial Judge proceeded on wrong principles of law in convicting the Appellant.

iii)In the Respondent’s brief of argument settles by S. Aliyu, learned Director, Public Prosecution of the federation, for the Honourable Attorney General of the Federation and Minister of Justice, Federal ministry of Justice, Abuja, the following two issues were formulated:-

1.Whether from the facts and circumstances of this case, the learned trial Judge was right in convicting the Appellant for the charge against him.