Benjamin Oyakhere V. The State (2005)

LawGlobal-Hub Lead Judgment Report

RHODES- VIVOUR J.C.A.

In the High Court of Justice in Lokoja, Kogi State, the appellant and two others were arraigned before the Hon. Mr. Justice Umaru Eri, Chief Judge of Kogi State on four counts as follows:

(i) That on the 17th day of February, 2001, at Okene in Kogi State, the three accused persons caused the death of one Mamodu Abdullahi Ajawo, one Rafiu, one John Ogara, one Thomas Onah and one Alfa by inflicting gun shot wound on the said Mamodu Abdullahi Ajawo, and setting ablaze on fire the vehicle registration No. Osun XB 104 SBG conveying the other named deceased, consequently, burning the said deceased persons and the vehicle to ashes and thereby committed culpable homicide punishable with death contrary to Section 221 of the Penal Code.

(ii) That on the same 17th day of February, 2001, the three accused persons, in an amended second head of charge dated 12/3/01, armed with their service rifles, committed the offence of robbery on Saka Jimoh, Mamodu Abdullahi Ajawo, Suleiman Badmus and the other passengers in the said vehicle registration No. Osun XB 104 SBG by forcefully removing from their possession a total sum of N1,400,000.00 (One million, four hundred thousand naira), an offence contrary to section 298(c) of the Penal Code.

(iii) That on the said same 17th day of February, 2001, at the same Okene, the three accused persons committed mischief by fire with an explosive substance by causing damage to the vehicle, registration No. Osun XB 104 SBG conveying passengers leading to the said vehicles total destruction to ashes, an offence punishable under section 336 of the Penal Code.

(iv) That on the said 17th day of February, 2001, at Okene, the three accused persons agreed to commit an illegal act, to wit, armed robbery, leading to the deaths of human beings and destruction of property contrary to section 97(1) of the Penal Code.

At the trial, the prosecution called six witnesses and tendered nine exhibits in proof of the four counts, while appellant testified for himself, and called no witness.

After the close of evidence, learned Counsel for the appellant Mr. W. Aliwo and the “Director of Public Prosecution for the State (respondent) waived their right to address the court.

In a considered judgment delivered on the 26th day of March, 2001, the appellant and the other two persons charged along with him were convicted as follows:

Count 1 – death

Count 2 – life imprisonment

Count 3 – 7 years imprisonment

Count 4 – life imprisonment.

Dissatisfied with the sentences, only the 1st accused person/appellant appealed to this court.