Emmanuel Zacheous V. People Of Lagos State (2015)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

AMINA ADAMU AUGIE, J.C.A. (Delivering the Leading Judgment)

The Appellant was arraigned before the Lagos State High Court on 7/3/2011, and he pleaded not guilty to a charge of conspiracy to commit armed robbery and armed robbery against him. To prove its case, the prosecution called –

PW1, Corporal Joseph Ogunmiloro of the Gowon Estate Police Station, who testified that a complainant lodged a complaint that he and his wife were robbed at “Shasha”, and dispossessed of their belongings, including mobile phones. They got information that armed robbers were sharing their loot, and went to the place in question where they rounded them up. The Appellant was arrested but two others escaped.

They recovered a cutlass and the mobile phones, and transferred the matter to the Special Anti-Robbery Squad for further investigation.

PW2, Kezie Gregory Nwachinemere, the Complainant, who testified that the incident occurred when he was escorting his wife to the Bus Stop at about 5.30 to 5.45am in the morning of 16/9/2009 at “shasha”.

They were accosted by two men; one was short in stature and held a machete while the other man acted as if he was about to pull a gun.

They were made to lie on the ground, and were dispossessed of mobile phones, jewelry, bank debit cards and money. The robbers jumped on a motorcycle and left. Later that same morning, his son received a call from his brother-in-law, who told him to pass a message to PW2 that he should go to the Gowon Estate police station, as someone had called his brother-in-law to say that their mobile phones had been recovered.

He quickly left for the Station, where he identified the stolen phones, and one of the robbers as the face he saw; the one with the long knife.

He went back with his wife but they were told that the case had been transferred to the State Headquarters. He further testified as follows –

“We drove there and met the Officer in charge. There they brought out the phones, the culprit and the knife that he raised on us. I identified my phone – a Samsung XJ 700. My wife identified 2 of hers, which were Nokia. I cannot remember the particular type. We made our Statements and left. They released the phones to us, and we signed for them”.

PW3, Inspector Charles Onwuka with the Special Anti-Robbery Squad, who said that he was a member of the team that investigated the case.

Under cross-examination, he stated that the Appellant was transferred to SARS from Gowon Estate Police Station with the original case file, the cutlass and the stolen telephones that had been recovered from him.

PW4, Sergeant Famous Erin, also with the Special Anti-Robbery Squad, who testified that PW2 and his wife, told him of how they were robbed of their valuables by the Appellant and the two other men still at large.

He also said that their mobile phones were released on bond to them.