Afam Okeke V. The State (2016)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

HELEN MORONKEJI OGUNWUMIJU, J.C.A. (Delivering the Leading Judgment)

This is an appeal against the judgment of the High Court of Anambra State delivered by Hon. Justice Peter J. Umeadi on 21/2/2012, wherein His Lordship convicted the Appellant for armed robbery and sentenced him to death by hanging or firing squad. The facts that led to this appeal are as follows:

The Appellant was arraigned before the trial Court on information and proof of evidence containing a five count charge. The Appellant pleaded not guilty to the charge. To prove its case, the Prosecution called 5 witnesses at trial. P.W.1 gave evidence that the Appellant in the company of others had robbed at gunpoint, P.W.1 of her vehicle and other valuables on their way to Nkpor through Ugwunabankpa Road, Inland town, Onitsha, after which P.W.1 went to the Police Station and gave a statement.

P.W.2 gave evidence that she knew the Appellant very well and she was in the company of P.W.1 and others in P.W.1’s vehicle when the Appellant and some other people riding on motorcycles blocked their path and forced the passengers out of the car. The passengers fled into a nearby slaughter market, while the

1 robbers collected the car, robbed P.W.2 of her Samsung handset and made off with the car. P.W.2 said she was very familiar with the Appellant as she had seen him on several occasions. P.W.3 is a Sergeant attached to the Anti Robbery Squad Inland Town Police Station Onitsha. The Complainant’s matter was referred to him for investigation. P.W.3 stated that in the course of his investigation, no suspects were identified nor were any arrests made.

At the end of his investigation, P.W.3 wrote a report. P.W. 4 is a Superintendent of police, serving with the Special Anti Robbery Squad (SARS). He got to know the Complainant in this case through a petition she wrote alleging that she was robbed at gun point by a group of four men riding on motorcycles, and that she had complained to the Police who were doing little about it, the Complainant named the Appellant in the petition.

P.W.4 in a team of 7 men investigated the Petition and arrested the Appellant in a bush known to be the home of notorious criminals during the course of their investigation. P.W. 4 called P.W.1 to the SARS office where P.W.1 sighted the Appellant and identified him as one of the men that robbed

2 her. P.W.4 then took additional statements from her and other witnesses. P.W.4 stated that the Appellant denied the allegations but admitted that he was a drug dealer. P.W.5 testified that she was not at the scene of the crime but her friend (P.W.2) told her of the incident and that she had seen a man on a motorcycle a day before the incident riding behind the said jeep. She knew him as one of the robbers very well and would point him out when she saw him.

The Appellant was pointed out to the P.W.5, the next day as one of the armed robbers and P.W.5 told her friend she had seen the Appellant riding on a motorcycle behind a black Honda jeep. P.W.5 said the Appellant came into her shop one day and when he left, a man came asking questions about him. The man told her that the Appellant was always going into her shop. She would tell everyone. P.W.5 swore that she called the Appellant and asked him about it and gave him advice. P.W.5 said the Appellant confided in her that he had stolen for which the police wanted him.

?Appellant also testified for himself that he is a panel beater and was arrested on the 11/7/08. On that day, he had prepared to go into the bush on

3 his motorcycle where he went to guard his land when he was hit by a red sports car belonging to members of the SARS squad. He was arrested by these men and taken to SARS unit Awkuzu. Appellant swore that he was handcuffed, tortured and asked to confess his crimes and say where he had kept the vehicle. Appellant confessed to selling and using hard drugs but denied that he had ever stolen anything.

Appellant testified that on 11/7/08, the IPO took him out of the cell and pointed him out to PW1 who nodded her head and he was returned to his cell. That P.W. 5 never gave him any advice but he knew her as a woman who sells medicine in a chemist shop. Appellant said he had no knowledge the Police was looking for him until he was arrested on 11/7/08. The trial judge convicted him of armed robbery and sentenced him to death accordingly.

Dissatisfied with the judgment of the trial Court, the Appellant initiated this appeal. Appellant filed a notice of appeal on 6/3/12 containing four grounds of appeal and transmitted Records on 22/1/12. Appellant’s brief was filed on 19/4/13, deemed filed on 10/2/15. Amended notice of appeal was filed on 24/9/13 with 5 grounds of appeal

4 and transmitted on 25/9/13, deemed filed on 3/7/14. Appellant’s reply brief was filed on 21/4/15. Respondent’s brief was filed on 10/3/15.