Ifeanyichukwu Akwuobi V. The State (2011)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

ALI ABUBAKAR BABANDI GUMEL, J.C.A (Delivering the Leading Judgment)

This is an appeal against the judgment of the Benue State High Court, Makurdi in change no. MHC/239C/94 delivered on 23rd March, 2005. The Appellant was arraigned before the High Count of Benue State on a 2 count change to wit: –

1st count

That you, IFEANYICHUKWU AKWUOBI on or about the 1st day of April, 2003 at about 0230 hours along Ugbokolo Local Government Area of Benue State within the jurisdiction of this Honorable Court agreed with three others (now at Large) and one other (now deceased) to do an illegal act to wit, commit armed robbery in a 911 Lorry with Registration No. XD 259 FGG which act was done in pursuance of the agreement and you thereby committed an offence punishable under section 5(6) of the Robbery and Firearm (Special Provision) Act Cap. 398 Firearm (Special Provision) Act Cap. 398 Laws of the Federal (Federation) of Nigeria 7990.

2nd Count

That you, IFEANYICHUKWU AKWUOBI on or about the 1st day of April, 2003 at about 0230 hours along Ugbokolo Area in Ogbadibo Local Government Area of Benue State within the jurisdiction of this Honorable Court in the company of three others (now at Large) and one other person that you attacked and shot on the Leg, one Boniface Chigbo Okeke a driver of 911 Lorry with Registration No. XD 259 FGG and other passengers and robbed them of a hand bag, money and other valuables while armed with guns and you thereby committed an offence punishable under section 1(2) (a) of the Robbery and Firearm (Special provisions) Act Cop. 398 Laws of the Federal (Federation) of Nigeria 1990.

To prove the allegations contained in the change sheet, the Respondent called and relied on the evidence of one Sgt. Peter Abuma, a policeman attached to State C. I. D, Makurdi. Upon the evidence of its sole witness the Respondent closed its case.

While contemplating on a defence, Learned Counsel for the Appellant opted for a no case submission. The Count allowed respective learned Counsel to address it for the no case submission. In a very short ruling dated 15/12/2004, the Learned Trial Judge considered all the arguments and submissions of respective Learned Counsel and proceeded further to overrule the no case submission and ordered the Appellant to enter his defence. The Appellant testified in his defence and also called no other witness. Thereafter respective Learned Counsel addressed the Count.

In its judgment the Lower Count found the Appellant guilty on the 2 counts of charge. He was accordingly convicted and sentenced to death. The Appellant was dissatisfied with his conviction and sentence and appealed to this Court in a notice of appeal dated 30/05/2005 but filed on 2/06/2005. The notice of appeal contains 4 grounds of appeal with their particulars. They are hereby set out as follows: –

1. The judgment is unreasonable, unwarranted and cannot be supported having regard to the evidence before the Court.
2. The Learned Trial Judge erred in Law when she convicted and sentenced me to death for the offences of criminal conspiracy and armed robbery when:

i. The case against me was not proved beyond reasonable doubt as required by Law.

ii. Exhibit 4 relied upon by the Trial Court to come to judgment was not proved to have been executed by me or the due execution was not Proved beyond reasonable doubt.

3. The Learned Trial Judge erred in Law when she came to the conclusion that the issue of me not signing exhibit 4 was not made an issue under cross – examination and then preceded in this error to come to the conclusion that Exhibit 4 was signed by me.

PARTICULARS OF ERROR

i. The issue of my not signing Exhibit 4 was made an issue under cross-examination.

ii. PW1 was specifically asked of my being an illiterate person.