Benjamin Oyakhire V. State (2006)

LAWGLOBAL HUB Lead Judgment Report

TABAI, J.S.C.

The appellant, Benjamin Oyakhire, and two others, Jimoh Michael and Gerson Soba, were Police constables attached to the Mobile Unit of Nigeria Police Lokoja in Kogi State. The four-count charge preferred against them was that on or about the 17th of February, 2001 they committed

(i) Culpable Homicide when they caused the death of one Mamodu Abdullahi Ajawu by inflicting gun shot wound on him and the deaths of Rafiu, John Ogara, Thomas Onah and Alfa by setting their vehicle Registration No. Osun XB 104 SGB on fire and burning them to ashes punishable under sections 221 and 79 of Penal Code.

(ii) Armed robbery when armed with their service rifles, they robbed Saka Jimoh, Abdullahi Ajawu, Suleiman Badmus and other passengers in the vehicle punishable under section 298 of the Penal Code.

(iii) Mischief by fire by setting the vehicle Registration No. Osun XB 104 SBG on fire and burning same to ashes punishable under section 336 of the Penal Code.

(iv) Criminal conspiracy to commit culpable homicide, armed robbery and mischief by fire contrary to and punishable under section 97 of the Penal Code.

At the end of the trial which involved the testimony of six prosecution witnesses and each of the accused persons, the trial Chief Judge, Hon. Justice A. U. Eri convicted each of them and sentenced each to various sentences of death, life imprisonment and 7 years.

Dissatisfied, the appellant appealed to the Court of Appeal. The appeal was dismissed.

He has now come on further appeal to this court. The notice of appeal dated the 7th of July, 2005 contains six grounds of appeal. The appellant’s brief of argument was prepared by Ocholi James, while the respondent’s brief was prepared by Mr. Arome Benson Akogu, Director of Public Prosecutions, Kogi State. In the appellant’s brief of argument Mr. Ocholi James formulated the following four issues for determination:-

Issue One

Whether the charges against the appellant were proved beyond reasonable doubt to warrant a conviction and its affirmation by the lower court

Issue Two

Whether the lower court treated the evidence of the co-accused correctly before affirming the conviction of the appellant by the lower court

Issue Three