Godwin Pius V. The State (2016)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

MOORE A. A. ADUMEIN, J.C.A. (Delivering the Leading Judgment)

The appellant and one Johnson Adeyemi were arraigned in Charge No.AK/29C/2006 in the High Court of Ondo State, Akure Judicial Division, holden at Akure charged with the following offences:

“COUNT I

STATEMENT OF OFFENCE

CONSPIRACY, Contrary to and Punishable under section 5(b) of the Robbery and Firearms (special Provision) Act cap 398 Laws of the Federation of Nigeria 1990,

PARTICULARS OF OFFENCE

Godwin Pius and Johnson Adeyemi on the third day of January 2004 at Oshinle quarters in the Akure Judicial Division did conspire to commit felony to wit: Armed Robbery.

COUNT 2

STATEMENT OF OFFENCE

ARMED ROBBERY, Contrary to and Punishable under section 1 (2) (a) of the Robbery and Firearms (Special Provision) Act cap 398 Laws of the Federation of Nigeria 1990.

PARTICULARS OF OFFENCE

GODWIN PIUS and JOHNSON ADEYEMI on the 3rd day of January 2004 at Oshinle Quarters Akure in the Akure Judicial division did rob one DRP Communications a GSM handset company of handset worth One Million Naira (N1,000,000.00) as well as the sum of fifty thousand (N50,000,00) and at that time you were armed with guns.”

The case was tried and a reserved judgment was delivered on the 21st day of May, 2008 whereby the appellant and his co-accused were found guilty as charged and each of them sentenced to death by hanging. Being dissatisfied with the decision of the trial court, the appellant appealed to this Court. The grounds of appeal, weeded of their particulars, as set out in his amended notice of appeal are:

“GROUND 1