Gabriel Ogogovie V. The State (2016)

LAWGLOBAL HUB Lead Judgment Report

MARY UKAEGO PETER-ODILI, J.S.C.

This is an appeal against the judgment of the Court of Appeal, Benin Judicial Division (hereafter called the Lower Court), delivered on the 9th day of July, 2014, affirming the judgment of the High Court of Delta State, Warri Judicial Division delivered on 10th day of October 2012 convicting and sentencing the appellant to death by hanging, having been found guilty and convicted for the offence of conspiracy to commit armed robbery and armed robbery.

BACKGROUND FACTS

From the Record of Appeal are garnered the following facts for an easier understanding of the journey from the trial Court to this Appeal at the Supreme Court.

On the 1st day of April, 2009, the appellant was arraigned before the trial Court on a three (3) count charge of conspiracy to commit armed robbery and armed robbery. It was alleged that the appellant and others while armed with guns robbed one Ogbama Simon (PW2) and one Godwin Inieke Esen on 25th day of May, 2008, and thereby committed an offence contrary to Section 6(b) and punishable under Section 1(2) (a) of the Robbery and Firearms (Special Provision) Act, Cap R II Vol. 14,

1

Laws of the Federation of Nigeria (LFN) 2004. See page 2 of the Record.

The appellant pleaded not guilty to the three count charge and the case proceeded to hearing. To prove the three count charge against the appellant. The prosecution called two witnesses and tendered various exhibits. PW1 is the police investigating officer while PW2 is one of the victims of the armed robbery incident that took place at Evwreni junction at Ughelli/Patani Road within the Ughelli judicial division. The following exhibits were tendered by the prosecution;

(i) Statement of appellant Exhibit A

(ii) Second statement of the appellant Exhibit B

(iii) Shirt Exhibit C

(iv) 2 ATM Cards Exhibit D

(v) Search Warrant Exhibit E

At the close of the prosecutions case, the appellant testified in his defence and called two witnesses. In line with his extra judicial statements to the police (Exhibits A and B), the appellant in his oral evidence denied his involvement in the armed robbery incident. He maintained that he was never at the scene of the armed robbery incident which occurred late in the night on 24/05/2008 till the early hours of the morning of 25/05/2008, but that he was at his