Ibuchi Okonkwo v. The State (2023)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

JIMI OLUKAYODE BADA, JCA (Delivering the leading judgment)

This appeal emanated from the judgment of the High Court of Lagos State, Ikeja Judicial Division in charge No LCD/468/13 The State of Lagos v. Ibuchi Okonkwo delivered on the 21st day of December, 2017, wherein the appellant was convicted and sentenced to 21years imprisonment and death for the offences of conspiracy to commit Robbery and Armed Robbery contrary to section 297 and 295 (2) of the Criminal Law of Lagos State, 2011.

Briefly, the facts of the case are that on 15th January, 2015 the appellant was arraigned before the trial court upon an amended charge of three (3) counts viz Conspiracy and Armed Robbery contrary to section 295(2)(a) and 297 respectively of the Criminal Law of Lagos State, 2011.

At the hearing before the trial court, the prosecution called two witnesses while the appellant testified in his defence, he did not call another witness.

At the conclusion of hearing, the trial Judge in a judgment delivered on the 21st day of December, 2017 found the appellant guilty on the two counts of conspiracy to commit Armed Robbery and Armed Robbery and sentenced him to 21 years imprisonment and death respectively.

The appellant who is dissatisfied with the judgment of the trial court appealed to this court.

The learned counsel for the appellant formulated three issues for the determination of the appeal. The three issues are reproduced as follows:-

(1) Whether on the totality of the evidence adduced before the trial court, the ingredients for the offence of conspiracy to commit Robbery and Armed Robbery contrary to sections 297 and 295(2) respectively, of the Criminal Law of Lagos State, 2011 were proved beyond reasonable doubt. (Distilled from grounds 1 and 4 of the notice of appeal.

(2) Whether the learned trial Judge erred in law and occasioned a miscarriage of Justice when she convicted and sentenced the appellant without considering the defence of alibi put up by the appellant. (Distilled from ground 3 of the notice of appeal)

(3) Whether the judgment of the learned trial Judge is a nullity having regard to the delivery of the judgment outside the constitutionally mandatory 90days period after adoption of final written addresses. (Distilled from ground 5 of the notice of appeal)

On the other hand, the learned counsel for the respondent also formulated three (3) issues for the determination of the appeal. The issues are reproduced as follows:-

(1) Whether the prosecution had failed to establish the respective offences of conspiracy to commit Armed Robbery and Armed Robbery. (Distilled from grounds 1, 2 & 4 of the notice of appeal)

(2) Whether the failure of the learned trial Judge to give credence to the appellants defence of alibi had occasioned a miscarriage of Justice (Distilled from ground 3 of the notice of appeal).

(3) Whether the judgment of the learned trial Judge is a nullity having regard to the delivery of the judgment outside the Constitutional 90 days period after adoption of final written addresses (Distilled from ground 5 of the notice of appeal).