Ifeanyichukwu Akwuobi V. The State (2016)

LAWGLOBAL HUB Lead Judgment Report

AMIRU SANUSI, J.S.C.

This appeal is against the judgment of the Court of Appeal, Makurdi division (the lower Court) delivered on 5th of July 2011 which affirmed the conviction and sentence of the appellant on offences of conspiracy to commit armed robbery and of armed robbery. The appellant as an accused person, was arraigned before the High Court of Benue State (trial Court) on the two counts charge reproduced Below:-

COUNT ONE

That you IFEANYICHKWU AKWUOBI on or about the 1st day of April, 2003 at about 0230hrs along Ugbokolo Local Government Area(sic) of Benue State within the jurisdiction of this Honourable 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 was done in pursuance of the agreement, and you thereby committed an offence punishable under Section 5(6) of the Robbery and Firearms (Special Provisions) Act Cap 398 Laws of the Federation of Nigeria 1990.

COUNT TWO

That you IFEANYICHUKWU AKWUOBI on or about the 1st day of April, 2003 at about

1

0230 hours along Ugbokolo Area in Ogbadibo Local Government Area of Benue State within the jurisdiction of this Honourable 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 Firearms (Special Provisions) Act Cap 398 Laws of the Federation of Nigeria 1990.

When the charges were read and explained to the accused/appellant he pleaded not guilty to each of the counts. Thereafter, hearing commenced in earnest. The prosecution now respondent, in proof of its case at the trial Court called one witness (PW1) who was the Investigating Police Officer who took over the investigation in the case before the appellant was arraigned in Court. After the testimony of the sole witness called by the prosecution, the latter closed its case.

The defence thereupon opened its case wherein the accused/appellant testified for his defence as DW1

2

without calling any other witness of course, after his ‘No Case Submission’ was refused or rejected.

Then after addresses of counsel to the parties were filed, submitted and adopted, the trial Court delivered its considered judgment on the 23rd of March, 2003 convicted the accused on both counts and sentenced him to death

Obviously aggrieved by the judgment of the trial Court, the appellant herein, appealed to the Court of Appeal (the lower or Court below). In keeping with the rules and practice in this Court, parties filed and exchanged their briefs of argument. The appellants brief of argument settled by his senior counsel J. S. Okutepa now SAN was filed on 8th May 2013 He also filed Appellant’s Reply Brief on 11th March 2014 upon being served with Respondent’s brief of argument, the learned respondent’s counsel also filed her brief of argument on behalf of the respondent on 29th January 2014.