Charles Kingsley Joe Isong V. The State (2011)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

MASSOUD ABDULRAHMAN OREDOLA, J.C.A (Delivering the Leading Judgment)

The Appellant along with three other accused persons namely- Victor Essien Victor, Ukeme Sunday Usen and Monday Akpan Sunday were arraigned before the Akwa Ibom State High Court, Eket in Charge No. HEK/7C/2002 on a three count charge of armed Robbery contrary to section 1(2)(a) of the Robbery and Firearms (Special provisions) cap 39g Vol. 22, Laws of the Federation of Nigeria, 1990 for robbing several persons and dispossessing them of various sums of money and other personal belongings. Two of them (1st and 2nd accused) were found guilty and sentenced to death by hanging on 27/7/2006. the charge read as follows:

STATEMENT OF OFFENCE

Armed Robbery contrary to section 1(2)(a) of the Robbery and Firearms (Special provisions) cap 398 Vol. 22, Laws of the Federation.

PARTICULARS OF OFFENCE

VICTOR ESSIEN VICTOR, CHARLES KINGSLEY JOE ISONG, UKEME SUNDAY USEN and MONDAY AKPAN SUNDAY on the 22nd day of June, 2001 at No. 1 Bassey Ekanem Street, Eket in Eket Judicial Division, while armed with offensive weapons to wit: short guns, robbed Shedrach Friday Sam of the sum of N75,000.00, suit case and a radio set valued at N1,750.00 total value of property robbed N76,780.00 property of Shadrach Friday Sam.

STATEMENT OF OFFENCE COUNT II

Armed Robbery contrary to section 1(2)(a) of the Robbery and Firearms (Special Provisions) Cap 398 Vol . 22, Laws of the Federation.

PARTICULARS OF OFFENCE

VICTOR ESSIEN VICTOR, CHARLES KINGSLEY JOE ISONG, UKEME SUNDAY USEN and MONDAY AKPAN SUNDAY on the same date and place within Eket Judicial, Division while armed with short guns, robbed Godwin Essien Harrison of the sum of N3,500.00 cash.

STATEMENT OF OFFENCE COUNT III

Armed Robbery contrary to Section 1(2Xa) of the Robbery and Firearms (Special Provisions) cap 398, Vol . 22 Laws of the Federation.

PARTICULARS OF OFFENCE

VICTOR ESSIEN VICTOR, CHARLES KINGSLEY JOE ISONG, UKEME SUNDAY USEN and MONDAY AKPAN SUNDAY on the same date and place, within Eket Judicial Division, while armed with short guns robbed Enobong Jumbo Otu of the sum of N500.00.