Emmanuel Okpulor V. The State (1990)

LawGlobal-Hub Lead Judgment Report

BELGORE, J.S.C. 

On the 4th day of October, 1990, I dismissed this appeal and reserved my reasons for so doing to today. I now give my reasons.

The facts of the case are hardly in dispute. At about 0200 hours on 16th July, 1981, the Trans-Amadi Police Station, Port Harcourt received a report that some armed men had gained entrance into the premises of Universal Fishery Company Ltd. and had locked up some security men there so as to effect a robbery. The police converged immediately on the premises.

The armed men and the police exchanged fire with small arms. When firing died down, the armed robbers had escaped except the appellant, who was injured being hit by bullet in the leg and thus incapacitated. The appellant now firmly in the hands of the police pleaded for his life and promised to cooperate with the police. He showed the police where the vehicle that brought him and his friend whose name he gave as Anthony was parked along Aba road at a fuel station. After he was cautioned, he made a voluntary statement, in which he alleged that one Anthony, whose full name he did not know, came to offer fish to him to buy. Consequently he followed Anthony to Port Harcourt.

At Port Harcourt, Anthony parked the vehicle at a petrol station and from there they took a taxi to the scene of crime where they were met by four other men he did not know. He was asked to stay outside while Anthony and the rest of the gang entered the premises through the back door.

All of a sudden the police arrived and exchange of fire started. He was arrested and it was then he was shot in the leg. Anthony and the others he did not know escaped. He showed the police the car he travelled in from Aba to Port Harcourt. The appellant maintained this story all along.

However, the prosecution led evidence that the appellant was arrested inside the premises of Universal Fishing Company after his friends had escaped and he was incapacitated because he was injured in the leg by a bullet.

The evidence of P.W. 4, Corporal John Ipaa is revealing:

“As I climbed down into the premises, the robbers opened fire at me. I saw about seven of the robbers through a light which reflected from a neighbouring company. When the robbers fired I returned fire and hit the second accused (the appellant) and arrested him. I shouted to my colleagues and they came to my aid. The second accused asked us not to kill him and said he would take us to where they parked their car. He took us down to the Leventis Petrol Filling Station near the Ministry of Information building. The time was then about 2.00 a.m. and he showed us two cars peugeot 504 saloon. I deflated the tyres of the two cars. The 2nd accused also told us that they had a Range Rover vehicle parked at Ogbunabali.”

and also that of Ogundu Briggs, P.W.6:

“On 15th July, 1981 at about 2.00 a.m., I was at Trans-Amadi Police Station on duty when a night watchman came and reported that armed robbers were operating at Universal Fisheries, Trans-Amadi. On the strength of the report, I went to the scene in company with the informant, John Ibe, John Ipaa and Essang Okokon jumped into the premises, whilst Sgt. John Ibe and I remained at the main gate. After a few minutes Corporal John Ipaa and Essang Okokon shouted that they had arrested one of the suspects. The man they arrested was the second accused …

Thereupon Sgt. John Ibe and I jumped into the premises and helped Corporal John Ipaa and Essang Okokon to bring the suspect (2nd accused) out of the premises. I asked the 2nd accused where the other robbers that came with him were. He told me that they had run away, but that the vehicles they came with were parked at Leventis Filling Station along Aba Road and their Land Rover along Ogbunabali Road. All the four of us went with the 2nd accused to the Leventis Filling Station. At the Filling Station he pointed at the two vehicles registration No. 1M 1053 AC and No.IM 5299 AC. The registration number of the land rover at Ogbunabali was RV 632 PA.’

In his own defence the appellant (2nd accused) maintained his innocence.

He admitted being found around the company where the robbery took place that night but said he went with one Anthony who left him outside the gate and went into the premises. In his testimony the appellant said: