Amos Bude V. The State (2013)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

THERESA NGOLIKA ORJI-ABADUA, J.C.A. (Delivering The Leading Judgment)

The record before this Court portrays that as a result of the armed robbery incident that allegedly occurred at the premises of Kaduna South Local Government Education Board, Kakuri, Kaduna on the 12th December, 2005 an initial Criminal Charge Sheet dated 2nd August, 2006, was filed against the Appellant and four other accused persons, namely; Divine Ebukan alias One Hand, (1st Accused); Moshood Sanusi alias Authentic (3rd Accused), Chidiebere Charles Iwuchukwu (4th Accused) and Dagora Peter (5th Accused). The Appellant was the 2nd Accused in the said Charge. The said initial charge sheet contained three counts and it reads thus:

“COUNT ONE:

That you, DEVINE EBUKUM, AMOS BUDE, MOSHOOD SANUSI, CHIDEBERE CHARLES IWUCHUKU and DOGARA PETER on or about the 12th day of December 2005 at Nassarawa village Kaduna, conspired to rob at gunpoint, the premises of Kaduna South Local Government education board Kakuri, Kaduna and that same act was done in pursuance of the agreement and that you thereby committed an offence punishable under section 6(b) of the Robbery and Fire Arms (Special Provisions) Act Cap R11 Laws of the Federation of Nigeria 2004.

“COUNT TWO:

That you, DEVINE EBUKUM and AMOS BUDE on or about the 12th day of December 2005 at the premises of Kaduna South Local Education Board Kakuri Kaduna while armed with guns and other dangerous weapons, forcefully entered the office of the Head of Department Finance, and robbed the occupants of the room of the sum of twelve Million Naira, thereby committing an offence punishable under Section 1(2)(a) of the Robbery and Fire Arms Special Provisions Act Cap R11, Laws of the Federation of Nigeria 2004.

“COUNT THREE:

That you, MOSHOOD SANUSI, CHIDEBERE CHARLES IWUCHUKU, on or about the 12th day of December 2005 at Unguwan Muazu Kaduna, dishonestly received some money from DEVINE EBUKUM and AMOS BUDE knowing or having reason to believe the same to be stolen property and thereby committed an offence punishable Under Section 5 of the Robbery and Fire Arms (Special Provisions) Act Cap R11, Laws of the Federation of Nigeria 2004.”

The record of this appeal, at page 35, indicates that only two count Charge was read out to the 2nd and 3rd accused persons respectively on 14/10/06 and to which they pleaded not guilty. It was adjourned to 4/11/06 for plea of the 4th accused. The trial of the Appellant and the 3rd and 4th accused persons under the first charge commenced on 23/1/07. As at 19/2/07, about four witnesses had been presented by the prosecution. The record of this appeal further shows that on 28/2/2007, the Respondent filed a Motion on Notice dated the same day praying for leave of the Lower Court to amend the said Charge. A document titled “Notice of Amendment of Charge” dated 22/2/2007 was attached to the affidavit in support of the said Motion as “Exhibit A”. The said Motion on Notice was moved on 6/3/2007 by the Respondent’s Counsel and the same was granted as prayed. The amendment was allowed and the trial Court deemed the amended charge as duly filed and served. The amended charge reads as follows:

“COUNT ONE:

That you, AMOS BUDE (M), MOSHOOD SANUSI(M), CHARLES CHIDI IWUCHUKU with (M) DIVINE EBUKAM(M) (Deceased) and DOGARA PETER(m) (At Large) on or about the 12th day of December 2005 at Nassarawa Village Kaduna, conspired to rob at gun point, the premises of Kaduna South Local Government Education Board, Kakuri, Kaduna and that same act was done in pursuance of the “agreement and that you thereby committed an offence, punishable under Section 6(b) of the Robbery and Firearms (Special Provision) Act Cap R II Law of the federation of Nigeria 2004.

“COUNT TWO:

That you, AMOS BUDE(M), DIVINE EBUKAM(M) (Deceased) and PRINCE OBI alias THANKGOD on about the 12th day December 2OO5 at the premises of Kaduna South Local Education Board Kakuri, Kaduna, while armed with guns and other dangerous weapons, forcefully entered the office of the Head of Department Finance, and robbed the occupants of the said office of the sum of Twelve Million Naira, thereby therefore an offence ,punishable under Section 1(2)(a) of the Robbery and Fire Arms (Special Provisions) Act, Cap RII, Laws of the Federation of Nigeria 2004.

“COUNT THREE: