Felix Edodi Oka V. The State (2014)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

UZO I. NDUKWE-ANYANWU, J.C.A. (Delivering the Leading Judgment)

This is an appeal against the decision of the High Court of Cross River State sitting in Akamkpa delivered on the 20th March, 2009. The Appellant was convicted and sentenced to life imprisonment for attempted armed robbery.

In the morning of 13 January, 2003, PW1 – John Udo Akpan, a commercial motor cyclist who plies his trade within the Akamkpa district was going about his usual business when he was flagged down by the Appellant, Felix Edodi Oka.

The Appellant told PW1 to convey him to Nsan village. On arrival at Nsan, the Appellant allegedly told PW1 to further convey him to Inwang Ekanem village. On getting to Inwang Ekanem, the Appellant told PW1 to wait for him as he (Appellant) wanted to visit someone.

Subsequently, the Appellant inquired from PW1 how much it would cost him to charter PW1’s bike. PW1 demanded for N1,000.00 but the Appellant offered to pay N800.00.

The Appellant told PW1 to convey him to Dukwe. In the course of their journey to Dukwe somewhere along Housing Road, Appellant brought out a machete and used it to inflict serious injuries on PW1’s left shoulder, left palm and his fingers. PW1 began to scream as a result of the excruciating pains he felt.

PW1’s screams caught the attention of a woman farming in the bush nearby. As she approached the scene of the incident, the appellant fled. The scream also attracted other persons who came out to render help by carrying PW1 to the hospital.

It is alleged that the Appellant inflicted the injuries on PW1 with the aim of robbing him of his motor cycle.

The Appellant was subsequently arraigned on a charge by information for the offence of armed robbery contrary to Sections 1(2)(a) and (b) of the Robbery and Firearms (Special Provisions) Act, Cap. R. 11, Laws of the Federation of Nigeria, 2004 (“L.F.N.”) (“the RFSP Act, 2004”).

The Appellant’s response was to completely deny the charge. He stated that he had a quarrel with PW1 over the transport fare which eventually culminated in a fight. He said PW1 used a screw driver to stab him on his back. In turn, he picked up an iron from the ground and used it to inflict injury to PW1’s hand. See pages 42 – 45 of the Record.

Trial commenced in the Akamkpa Judicial Division of the Cross Rivers State High Court on 23 on 30 June, 2006 (see Page 28 of the Record) and ended on 23 January, 2009 (see page 45 of the Record). In proof of its case, the prosecution called two witnesses and tendered 5 Exhibits (A-E) while the Appellant testified for himself and called no additional witness.

At the conclusion of the trial, the parties addressed the court. The address filed on behalf of the Appellant is at pages 47 – 56 of the Record while that filed by the Respondent is at pages 57 – 59 of the Record. The key point of the respondent’s address is its concession that it failed to prove beyond reasonable doubt, the offence charged, which is, armed robbery. It urged the court below to convict the Appellant of the lesser offence of attempted armed robbery.

In a judgment delivered on 20 March, 2009 the learned trial Judge convicted the Appellant of the offence of attempted armed robbery and sentenced him to imprisonment for life by virtue of the provisions of Section 2 of the RFSP Act, 2004. See Pages 60-72 of the Record.

The Appellant is dissatisfied with the judgment of the lower court and has appealed to this Honourable Court via a Notice of Appeal filed on 18th May, 2009 (see pages 73 – 76 of the Record) containing four grounds of appeal.