Evaristus Mozie V. The State (2012)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

JUMMAI HANNATU SANKEY, J.C.A., (Delivering the Leading Judgment)

The Appellant herein was charged with two (2) others, one Atume Emmanuel and Bala, before the High Court of Plateau State sitting in Jos for the offences of conspiracy and armed robbery under Sections 5(b) and 1(2)(b) of the Robbery and Firearms (Special Provisions) Act, Cap 398 Laws of the Federation, 1990. The charge before the trial Court read as follows:

“COUNT 1. THAT YOU EVARISTUS MOZIE, ATUME EMMANUEL AND BALA, on or about the 22nd day of March, 2008 at Zinariya Layout, Bauchi road, Jos in Jos North Local Government Area of Plateau State within the Plateau Judicial Division agreed to do an illegal act to wit: rob one Emeka Okonkwo and his wife, Chukwudubuzor Okonkwo and that the same act was done in pursuance of the agreement and that you thereby committed an offence punishable under Section 5(b) of the Robbery and Firearms (Special Provisions) Act, Cap 398, Laws of the Federation, 1990

COUNT 2: THAT YOU EVARISTUS MOZIE, ATUME EMMANUEL AND BALA, on or about the 22nd day of March, 2008 at Zinariya Layout, Bauchi road, Jos in Jos North Local Government Area of Plateau State within the Plateau Judicial Division committed armed robbery by doing an act to wit: rob one Emeka Okonkwo of his three handsets, a wallet containing his identity card and N15,000.00 cash while armed with a gun and you thereby committed an offence punishable under Section 1(2)(b) of the Robbery and Firearms (Special Provisions) Act, Cap 398, Laws of the Federation, 1990.

COUNT 3: THAT YOU EVARISTUS MOZIE, ATUME EMMANUEL AND BALA, on or about the 22nd day of March, 2008 at Zinariya Layout, Bauchi road, Jos in Jos North Local Government Area of Plateau State within the Plateau Judicial Division committed armed robbery by doing an act to wit: rob one Mrs Chukwudubuzor Okonkwo of her handset, while armed with a gun and you thereby committed an offence punishable under Section 1(2)(b) of the Robbery and Firearms (Special Provisions) Act, Cap 398, Laws of the Federation, 1990.”

The 3rd accused person was never arraigned before the Court, as he was charged in absentia. The other two (2) accused persons arraigned pleaded not guilty to the three (3) count charge, and the trial proceeded. To prove the charge, the prosecution called two (2) witnesses. At the close of evidence, the accused persons made a no-case submission. The learned trial Judge sustained the objection in respect of the 2nd accused person and so, discharged him, while the submission in respect of the Appellant was overruled.

No mention was made of the 3rd accused person. Thus the Appellant, in his defence of the charge, testified and called one other witness on his behalf. At the close of the case for the defence, both learned Counsel addressed the Court on the issues of fact and law arising. Thereafter, in a considered Judgment on the 30th June, 2011, the Appellant was convicted and sentenced to death by hanging.

Aggrieved by the decision of the Court, the Appellant lodged an Appeal against the said Judgment and filed a Notice of Appeal on the 2nd August, 2011 at pages 134 – 141 of the Record of Appeal wherein he complained on eight (8) grounds. The Grounds of Appeal without their particulars are as follows:

Ground 1

The verdict is unreasonable and cannot be supported having regard to the evidence before the learned trial court.

Particulars of Error – supplied

Ground 2

The proceedings and judgment of the learned trial court are a nullity.

Particulars of Error – supplied