David Amadi V. Attorney – General, Imo State (2012)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

MOJEED ADEKUNLE OWOADE, J.C.A. (Delivering the Leading Judgment)

This is an appeal against the judgment of A.O.H. Ukachukwu J. of the High Court of Imo State sitting at the Owerri Judicial Division in charge No. HOW/ART/11/99 delivered on 28th September, 2006.

The Appellant was jointly charged with one Ikechi Ukanacho and Matthew Nwokocha with the offence of armed robbery contrary to Section 1(2) (b) of the Robbery and firearms (special provisions) Act Cap. 398 Vol. XXII Laws of the Federation of Nigeria 1990 as applicable in Imo State. He was the 1st accused person in the said charge.

Before the lower court, the Appellant and the other two accused persons pleaded not guilty to the charge.

The prosecution called a total of three (3) witnesses. The Appellant testified on his behalf and called no witness. The 2nd accused testified on his own behalf and called a witness. The 3rd accused refused to testify.

The case for the prosecution was that on 3-5-1998 at about 2 a.m, armed robbers invaded the house of PW1, one Mr. Vitalis Abareke, at Umuebe in Akabor. PW1 who was sleeping by that time was awoke by the barking of his dogs. He drew near the window and saw people dressed in black shirts and trousers. The robbers tried to force the door open and he was shouting “thieves, thieves” when the robbers eventually gained entrance into his house they robbed him of various sums of money totaling N90, 000.00 (Ninety Thousand Naira) and a trident radio worth N7, 400.00 (Seven Thousand, Four Hundred Naira).

In the course of the robbery, he saw and recognized the robbers as David Amadi (the Appellant, Ikechukwu Ukanacho the 2nd accused, Matthew Nwokocha Onyemeze the 3rd accused and one Kingsley Amadi still at large. During the robbery the 3rd accused, Mattew Nwokocha Onyemeze instructed the others to beat PW1 to death or he will retaliate. The 3rd accused, Matthew Nwokocha Onyemeze then picked up an empty bottle on PW1’s dining table and broke same on PW1’s head and used the sharp edge to stab PW1 on the head.

PW1 recognized the robbers by the aid of moonlight through his window glass he opened a little having drawn the curtain earlier. The robbers were people from his community and he knew them prior to the incident.

In the morning, he reported the incident to the Police at Iho. He made a statement to the Police at Iho and mentioned the names of the accused persons the Appellant and one Kingsley Amadi still at large inclusive as the people that robbed him. The matter was subsequently transferred to the state CID Owerri where he also made a statement on 11-5-98 and mentioned the names of the armed robbers again.

The Appellant, David Amadi testified in his defence and adopted his statement to the Police (Exh. B) as part of his defence. He testified that on the night of 3rd May, 1998 he was in their house throughout the night and that he did not go anywhere. He denied committing the offence charged with and stated further in his evidence that he is a musician and was arrested where he and his musical group went to play music at Uzoagba during a burial ceremony on 10th of May, 1998. At the end of the trial, the learned trial Judge convicted the Appellant and the two other accused persons as charged and sentenced accordingly.

On 18th October, 2006, the Appellant filed a Notice of Appeal containing four (4) grounds of appeal before this court.

Appellant’s brief of argument dated 12/11/08 was filed on the same day.

Respondent’s brief of argument dated 15/12/2010 was filed on 16/12/2010.

Learned counsel for the appellant nominated five issues for determination.