Elvis Agbofodoh v. The State (2024)

LAWGLOBAL HUB Lead Judgment Report – SUPREME COURT

CHIOMA EGONDU NWOSU-IHEME, JSC (Delivering the Leading Judgment)

This is an appeal against the judgment of the Court of Appeal, Benin Division, delivered on 8/6/2016 affirming the conviction and sentence of the appellant by the trial court for the offence of conspiracy to commit armed robbery and armed robbery.

The appellant was arraigned on 3/4/2012 before the trial court on a three-count charge as follows:

Statement of offence

Count 1

Conspiracy to commit Armed Robbery contrary to section 6(b) and punishable under section 1(2)(a) of the Robbery and Firearms (Special Provisions) Act Cap R.II Volume 14, Laws of the Federation of Nigeria, 2004.

Particulars of offence

Elvis Agofodoh Aka Fete (M) and Frank Okedama Aka Dogbeji (M) on or about the 8th day of July, 2010 at Udumovwori Street, Ekpan within the Effurun Judicial Division conspired with two others (now at large) to commit Armed Robbery.

Statement of offence

Count II

Armed Robbery punishable under section 1(2)(a) of the Robbery and Firearms (Special Provisions) Act Cap. R.II Volume 14, Laws of the Federation of Nigeria, 2004.

Particulars of offence

Elvis Agbofodoh Aka Fete (M) and Frank Okedama Aka Dogbeji (M) on or about the 8th day of July, 2010 at Udumovwori Street, Ekpan within the Effurun Judicial Division robbed one Omasneye Mercy (F) of the sum of N50,000.00, Recharge Cards valued at N7000.00, LG and Durado Moblie Phones both valued at N40,000.00 while armed with a gun.

Statement of offence