Ilodibe Uche V. The State (2015)

LAWGLOBAL HUB Lead Judgment Report

JOHN AFOLABI FABIYI, J.S.C.

This is an appeal against the judgment delivered by the Court of Appeal, Benin Division (the court below) on 21st February, 2013. Therein, the court below affirmed the judgment of the trial High Court which convicted and sentenced the appellant to death for the offences of conspiracy to commit armed robbery, armed robbery and illegal possession of firearms on 30th day of March, 2010.

The appellant was arraigned before the trial High Court on a four count charge of:

(1) Conspiracy to commit armed robbery contrary to Section 1(2)(a) of the Robbery and Firearms (Special Provisions) Act Cap. R11 Volume 14 Laws of the Federation of Nigeria, 2004.

(2) Armed robbery, punishable under Section 1(2)(a) of the Robbery and Firearms (Special Provisions) Act Cap. R11 Volume 14 Laws of Federation of Nigeria, 2004 for robbing victim of the sum of N9,000.00 while armed with locally made pistol.

(3) Armed robbery, punishable under Section 1(2)(a) of the Robbery and Firearms (Special Provisions) Act Cap. R11 Volume 14 Laws of the Federation of Nigeria, 2004 for robbing the victim of a Nokia GSM telephone handset while armed with a locally made pistol.

(4) Illegal possession of Firearms, punishable under Section 2(3) of the Robbery and Firearms (Special Provisions) Act Cap. R11 Volume 14, Laws of the Federation of Nigeria, 2004.

The appellant was alleged to have robbed at gun point, one Ndubuisi Bayem and Awele Bayem of the sum of N9,000.00 and a Nokia GSM telephone at their shop on Isioma Onyeaobi Way, Asaba on the 1st day of December, 2006.

On Monday, 2nd day of March, 2009, the four (4) counts were read and explained to the appellant who pleaded not guilty to each of the counts.

At the trial before Bozimo, CJ, the prosecution called four witnesses and tendered four exhibits admitted as Exhibits A, B, C and D. Exhibit A was a gun with which the appellant was alleged to have committed the offences alleged. Exhibit B relates to four live cartridges alleged to have been found on the appellant when he was arrested. Exhibit C was a statement made by the appellant to PW4. Exhibit D was a statement made by the appellant at the Delta State C.I.D Asaba.

At the close of the prosecution’s case, the appellant testified on his own behalf and raised the defence of alibi. He did not call any other witness.

The learned trial CJ dutifully garnered evidence and was thereafter addressed by counsel on both sides of the divide. In a considered judgment delivered on 30th March, 2010, the trial court found the appellant guilty. He was thereafter convicted and sentenced to death.

The appellant felt unhappy with the position taken by the trial court and appealed to the court below. On 21st February, 2013, the appeal was found unmeritorious. The judgment of the trial court was affirmed. As well, the sentence of death by hanging pronounced by the trial court on the appellant was also affirmed by the court below which dismissed the appeal.

The appellant felt dissatisfied with the judgment of the court below. He has decided to appeal, as of right, to this court. In this court, briefs of argument were filed and exchanged by the parties.