Emwanta Ogiemwonyi V. The State (2016)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

JIMI OLUKAYODE BADA, J.C.A. (Delivering the Leading Judgment)

This is an appeal against the Judgment of High Court of Justice, Benin Judicial Division, Edo State of Nigeria in Charge No. B/133C/2011 ? THE STATE VS EMWANTA OGIEMWONYI delivered on the 27th day of February 2014 wherein the Accused/Appellant was convicted of the offences of conspiracy to commit armed robbery and armed robbery punishable under Section 6(b) and 12(a) of the Robbery and Firearms (Special Provisions) Act and sentenced to death.

Briefly, the facts of the case are that on the 12/12/2009 at about 8.30pm, the Appellant and one Maleke Imagbenikaro (now deceased) while armed with a cut to size gun robbed one Mohammed Azeez, while on his way home from work, of his two handsets (Nokia 1200 and Nokia 1600). The victim Mohammed Azeez raised an alarm which alerted the neighbours who quickly came to his aid. This led to the arrest of Maleke Imagbenikaro, while the Appellant fled the scene of crime. The two handsets and the gun used in the robbery were recovered from Maleke Imagbenikaro. The

said Maleke Imagbenikaro was beaten before he was handed over to the police. The victim of the robbery identified the said Maleke Imagbenikaro. He confessed to the crime and mentioned the Appellant as one of the robbers who robbed Mohammed Azeez on 12/12/2009. The said Maleke Imagbenikaro took police to their hideout where the Appellant was arrested. The Appellant also confessed to have been involved in the said robbery of Mohammed Azeez on 12/12/2009, he was also identified. Maleke Imagbenikaro later died in police custody and as a result, the Appellant was charged alone at the High Court for conspiracy to commit armed robbery and armed robbery.

PW1 (the investigating Police Officer, CPL Oladinni Olasumbo) testified and told Court how late Maleke Imagbenikaro confessed and how he led police to their hideout where Appellant was arrested. Appellant also confessed and took police to the scene of crime. And this was later reduced into writing and admitted in evidence at the lower Court and marked as Exhibit ?A?. The said Exhibit ?A? was attested to by the D.P.O – a senior Police Officer.

?The Appellant retracted the statement at

the point of tendering it in Court, but it was admitted in evidence.

The Appellant in his defence denied the allegation. He testified for himself and called one witness. He denied making Exhibit ?A? and said that he was forced to sign another statement. He testified that late Maleke Imagbenikaro was just his co-tenant. He stated that on the day of the robbery, he slept over at his grandmother?s house who celebrated her birthday.

DW1 also testified for the Appellant and told the Court that she was with the Appellant at their grandmother?s house on the night of the robbery.

At the end of the trial, the learned trial Judge believed the evidence of the prosecution witness and also found that Exhibit ?A? was made by the Appellant.

Consequently, the Appellant was convicted and sentenced to death.

The Appellant who is dissatisfied with the said Judgment now appealed to this Court seeking to have his conviction set aside and a verdict of acquittal entered in his favour.

The learned counsel for the Appellant formulated three issues for the determination of the appeal the issues are reproduced as

follows: –