Edet Asuquo Bassey V. The State (2012)

LAWGLOBAL HUB Lead Judgment Report

BODE RHODES-VIVOUR, J.S.C

The appellant and five persons were arraigned before the Robbery and Firearms Special Tribunal which held at Ikot Epene, Akwa Ibom State, on a two count charge which reads:

STATEMENT OF OFFENCE

Armed Robbery Contrary to Section 1 (2) (a) of the Robbery and Firearms (Special Provisions) Decree No.5 of 1984

PARTICULARS OF OFFENCE

Etim Edet Oboho, Effiong Etim Sunday, Joseph Edet Ekpo, Etim Asuquo Enobiak, Edet Asuquo Bassey, Okon Dan Osung on or about the 17th day of June, 1993 along Oron Road in Oron Judicial Division while armed with offensive weapons, to wit, matchets, daggers and pen knives robbed Okafor Ndukwe Anya of the sum of N79,995.00 property of one Sunday Ikema.

STATEMENT OF OFFENCE

Armed Robbery contrary to Section 1(2)(a) of the Robbery and Firearms (Special Provisions) Decree No. 5 of 1984

PARTICULARS OF OFFENCE

Etim Edet Oboho, Effiong Etim Sunday, Joseph Edet Ekpo, Etim Asuquo Enobiak, Edet Asuquo Bassey, Okon Dan Osung on or about the 17th day of June, 1993 along Oron Road in Oron Judicial Division while armed with offensive weapons, to wit, matchets, daggers and pen knives robbed Uche Emde Uba of the sum of N140,289.00 property of one Sunday Ikema. On the 17th of June 1993 PW3, Sunday Ikema sent PW1 and PW2 to Port Harcourt to buy out board engine and crank shaft. He gave PW1 N140,289 and PW2 N29,995. Both of them left Oron and arrived in Port Harcourt, but were unable to purchase the items, because the money on them was not enough. They decided to return to Oron. They entered a car in which there were three ladies already seated. On arriving at Oron near an Apostolic Church, the ladies disembarked.

Before they could continue the journey they were surrounded by about seven men. The appellant was one of them. Their bags containing the money were taken from them. The Robbery occurred in the early evening of the 17th day of June, 1993, and while the robbery was ongoing the driver of the vehicle looked on impassively.

On the 19th day of November, 1996 the Tribunal was informed that the 1st, 2nd and 4th accused persons had died. Their names were struck out from the charge. The surviving accused persons were Sunday Joseph Edet, the appellant and Okon Dan Osung. A fresh plea was taken and no guilty pleas were entered. Four witnesses testified for the prosecution and confessional statements were admitted as exhibits. The appellant testified along with his father DW 4. In a considered judgment delivered on the 26th day of May, 1999 the learned trial judge found that the prosecution proved its case beyond reasonable doubt and sentenced both accused persons to death.

Edet Asuquo Bassey lodged an appeal. It was heard by the Court of Appeal, Calabar. In a well considered judgment delivered on the 2nd day of July, 2008 that court per Akaahs, Omokri JCA affirmed the judgment of the Robbery and Firearms Special Tribunal, but reduced the sentence to 21years imprisonment. Orji Abadua JCA dissented on the ground that the death sentence should be affirmed and restored. This appeal is against the judgment of the Court of Appeal.

Notice of Appeal filed on the 28th day of July 2008 subsequently amended contains four grounds of appeal from which the following three issues were formulated for determination of the appeal in the appellants amended brief filed on the 7th day of October, 2010.