Darlington Eze Vs. Federal Republic Of Nigeria (2017)

LAWGLOBAL HUB Lead Judgment Report

SIDI DAUDA BAGE, J.S.C.

This Appeal is against the judgment of Court of Appeal, Abuja Division (the Court below), delivered on the 7th day of June 2013, upholding the Judgment of the High Court of Federal Capital territory, Abuja (the trial Court). The trial Court in its Judgment sentenced the Appellant to life imprisonment under Section 5 of the Robbery and Firearms Act, on Count 1. And in respect of Count 2 the trial Court sentenced the Appellant to death by hanging. Dissatisfied with the Judgment of the two Courts below, the Appellant has now appealed to this Court for a reversal of the decision of the Court below. The judgment of the Trial Court and the Court below are contained on pages 81 to 100 and 204-250 of the Record of Appeal respectively.

The brief facts of the case are as follows: The Appellant was charged on the 20/11/2005 with a two count charge of conspiracy and Armed Robbery. On the 23/1/2006, the prosecution commenced its case, with PW.1, PW.2, PW.3, PW.4, PW.5 and PW.6. All the witnesses were called by the prosecution and cross-examined. On the 8/3/2007, the Appellant made a no

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case submission but was overruled by the trial Court on the 3/12/2007. Written addresses were filed, exchanged and adopted. The Trial Court delivered its Judgment on the 10th day of February, 2009. The Appellant appealed to the Court below. Briefs of argument were filed and exchanged accordingly. Judgment of the Court below was delivered on the 7th day of June, 2013, affirming trial Court’s Judgment. Dissatisfied with the said Judgment of the Court below, the Appellant, appealed to this Court. The Notice of Appeal is contained on page 251 of the Record of Appeal. The said Notice of Appeal filed on the 24/6/2013, contains five (5) Grounds of Appeal. From the said five grounds of Appeal, the Appellant has formulated the following two (2) issues for the determination of this appeal to wit:

“(1) Whether the Appellant was accorded fair hearing at the Trial Court when particularly there was a failure to comply with Section 186 of the Criminal Procedure Code when the Prosecution opened her case on the 23rd day of January 2006 Grounds 2, 4 and 6.

(2) Whether the case against the Appellant was proved beyond reasonable doubt. (The Appellant’s brief was settled by

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A.A. Ibrahim Esq. and filed on the 31/7/2013).”

The Amended Respondent’s Brief of Argument, settled by Enewa (Mrs.) Rita – Chris Garuba of Counsel, was filed on the 11/10/2016, but deemed as properly filed on the 19/1/2017. The learned Counsel for the Respondent formulated the following two (2) issues for the determination of this appeal to wit:-

“(1) Whether the Court below was (sic) right in affirming the conviction and sentence of the Appellant on the ground that he was accorded fair hearing and there was no miscarriage of justice in the course of his trial (Grounds 2, 4 and 5).

(2) Whether the Court below was right in holding that the Respondent led credible evidence in proof of the charge against the Appellant (Grounds 1 and 3).”

A close look at the two sets of issues shows clearly that learned Counsel for the parties appear to be ad idem on the issues. They asked the same questions. I shall accordingly rely on the appellant’s issues in considering this appeal. Issues 1 and 2, of the Appellants brief shall be considered together because of their interrelationship. For clarity, issue one (1) is to wit:-

“(1) Whether the