Golden Dibie & 2 Ors V The State (2007)

LAWGLOBAL HUB Lead Judgment Report

KATSINA-ALU, J.S.C

This is an appeal against the judgment of the Court of Appeal, Benin Division, delivered on 28 June, 2004 which dismissed the appeals of the three appellants.

The appellants who were students of Oko Polytechnic, Anambra State, were jointly arraigned before the High Court of Delta State, Holden at Agbor upon an information containing two counts to wit:

“Statement of Offence Count I

Conspiracy to rob, contrary to section 4(b) and punishable under section 1(2)(a) respectively of the Robbery and Firearms (Special Provisions) Decree, 1984 as amended.

Particulars Of Offence

Golden Dibie (m), Friday Iyamah (m) and Godfrey Ujomu (m) on or about the 21st day of August, 1996 at Agbor in the jurisdiction of the Asaba Robbery and Firearms Tribunal, conspired with one another to commit a felony to wit: Armed robbery.

Statement of Offence Count II

Armed Robbery punishable under section 1(2)(a) of the Robbery and Firearms (Special Provisions) Decree, 1984 as amended.

Particulars of Offence

Golden Dibie (m), Friday Iyamah (m) and Godfrey Ujomu (m) on the 21st day of August, 1996 at Agbor in the jurisdiction of the Asaba Robbery and Firearms Tribunal, while armed with a locally made pistol robbed one Mrs. Florence Iyamah of the sum of four thousand Naira cash.”

On 22 October, 1999 the trial court took the pleas of the appellants. The record on that day reads as follows:

“Accused persons present; J. G. Eze-Owens Senior Legal Officer, Ministry of Justice, for the prosecutions: (sic) A. O. Ewere, Esq. for 1st and 2nd accused Persons. K. N. Njokuemeni, Esq. for 3rd Accused.

Court: Each of the 2 counts is read out in English language to the accused persons to the satisfaction of the court and each say as follows:-