Cyriacus Ogidi & Ors V. The State (2003)

LawGlobal-Hub Lead Judgment Report

NSOFOR, J.C.A.

The appellants were arraigned on the information of the Attorney-General, Imo State, before the Owerri High Court, (C.I. Ohakwe, J.) charged with the offence of armed robbery, contrary to Section 1(2)(a) of the Robbery and Firearms (Special Provisions) Act, Cap. 398, Laws of the Federation, 1990. The “particulars of offence” charged as follows:-

“Cyriacus Ogidi (alias Ogbuma), Augustine Awuzie, Paul Uzoechi, Chukwudi Ogidi and others at large, on the 1st day of June, 1997, at Amuzu Uno Arondizuogu, in Orlu Judicial Division, while armed with offensive weapon to wit: locally made pistols and matchets, robbed one Mrs. Ndidi Nnakaihe, of the following items of property, one trident radio cassette, valued at N960.00, two electric sockets valued at N700.00, two brocade wears valued at N3,000.00, one jean trousers valued at N400.00, two trousers valued at five hundred (N500.00) five cassette cartridges, valued at N500.00, children wears valued at N1,500.00, Baby food drink valued at five hundred Naira (N500.00), assorted types of creams and soap valued at about N500.00, N4,000.00 cash, one umbrella valued at N150.00, one wall clock and a bag, containing baby kite. Total value of property robbed, twelve thousand five hundred and sixty Naira (N12,560.00) property of Mr. Innocent Nnakaihe in the dwelling house of the aforesaid Innocent Nnakaihe”.

Each accused person pleaded “No Guilty” to the charge.

At the trial, the prosecution called four witnesses to establish its case. The 1st accused, Cyriacus Ogidi, (alias Ogbuma) testified and brought his case to a close with the testimony of the DW5 (Sunday Ogidi). Each of the other three accused persons also testified. Each closed his case and called no other witness.

At the conclusion of the evidence and after receiving the final oral addresses by the counsel, the learned trial Judge in a reserved and well considered judgment, after a review and an appraisal of the evidence, accepted the case of the prosecution. He rejected the defence of each of the accused, convicted each accused as charged and, sentenced each accused accordingly, that is to say, “to death by hanging by the neck or to suffer death by firing squad as the Governor of Imo State may direct”.

The case of the prosecution as presented, briefly summarised, was as follows:-

Mrs. Ndidi Amaka Nnakaihe (PW1) knew the 1st accused and that he was a native of Owerre Akokwa. On the 1st of June, 1997, while she and her mother-in-law were sleeping in their house, she heard some gun shots in their compound. She heard some voices calling on them to open their doors themselves or else if they (the robbers) opened it, they would kill her. As the witness testified at page 46 lines 15 – 20:-

“When they forced the door open two people carrying guns entered. At that time there was a lantern in my room. One of them carried it to the parlour. It was then I recognised one of the two persons known as Cyriacus Ogidi (1st accused person)”.

These men started ransacking their house and removed various items of their property. Cross-examined, the witness at page 50 of the Record Lines 30 – 31 emphasised, “Yes, I told the court that it was when the lantern was being removed that I recognised the 1st accused”. Answering another question, still under cross-examination, the witness had this to say: at page 51 of the record:-

“It is not how I told the police about recognising the 1st accused that it was when they were going that I was able to recognise the 1st accused”.

The statement, unsworn, by the witness to the Police dated the 29/6/97, was tendered and admitted in evidence as evidence as exhibit A.

Linus Ekenezie (PW2) knew the 1st accused and that he was from Owerre Akokwa. Part of his testimony at page 53 of the record was:

“Around 12.30 midnight on that day (1st of June, 1997). I was sleeping on my bed in my room. I heard a knock on the door where my wife and children were sleeping. I opened the door to my room to know who was knocking. When I flashed my torch to see who was knocking, I saw the 1st accused; he ran into my room and he was carrying matchet. When I flashed the torchlight, he tried to cover his face not knowing that I had already seen him. When he was covering his face with his hand, I ran through the back door of my house”.