Innocent Okafor V. The State (2015)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

MOJEED ADEKUNLE OWOADE, J.C.A. (Delivering the Leading Judgment)

This is an appeal against the judgment of the High Court of Justice, Ondo State, Ore Judicial Division sitting at Ondo presided over by Hon. Justice O. O. Akeredolu, delivered on the 25th day of January 2012.

The Appellant and other five accused persons were arraigned on a two count charge of conspiracy to commit armed robbery and armed robbery pursuant to Section 6 (b) and 1 (2) (a) and (b) of the Robbery and Firearms (Special Provisions) Act Cap. R. 11, Vol. 14, Laws of Federation of Nigeria, 2004.

The Appellant pleaded not guilty to the offences contained in the charge. The Respondent called two witnesses while the Appellant gave evidence in his Defence. Exhibits P1, P2, P3, P4 and P5 were admitted on behalf of the prosecution.

None was admitted on behalf of the defence. Exhibit P4 was the confessional statement of the Appellant and Exhibits P1, P2, P3 and P5 were the confessional statements of the co-accused of the Appellant.

The case for the prosecution was that on the 25th day of June 2007, the Appellant and 5 others conspired and robbed passengers of two Dandollars Luxurious buses on the Benin/Ore Express Road while armed with gun and other dangerous weapons.

The case for the Appellant was a denial of this robbery accusation. He stated that on the 25th day of June 2007, when the alleged armed robbery was committed he was already in custody at SARS, Akure for another offence. He, however, admitted in his extra-judicial statement to the police (Exhibit P4) that he and others committed the alleged offence of armed robbery on the Akinjagunla-Ofosun Road.

At the close of evidence from both sides, the learned trial judge in a judgment delivered on the 25th day of January 2012 found the Appellant and other co-accused guilty of conspiracy to commit armed robbery and armed robbery.

Dissatisfied with the judgment, the Appellant at first, filed a Notice of Appeal on the 14th day of February 2012 and later on 14th April 2014 filed an Amended Notice of Appeal (containing three (3) grounds of appeal).

Appellant’s brief of argument dated 31-3-2014 and filed on the 14-4-2014 was deemed filed on 8-5-2014.

Respondent’s brief of argument dated 4-6-2014 was filed on 5-6-2014.

Learned counsel for the Appellant nominated three (3) issues for determination. They are:.

1. Whether the failure by the prosecution to identify the Appellant as one of the Robbers is not fatal to the case for the prosecution.
2. Whether the learned trial judge was right in admitting Exhibit P4 in evidence and attaching any weight to it.
3. Whether the learned trial judge was right in holding that the prosecution proved a case of armed Robbery against the Appellant beyond reasonable doubt.

The Respondent on the other hand formulated a sole issue for determination to wit:

Whether from the facts and evidences available before the trial judge the prosecution could be said to have proved the charge of armed robbery against the Appellant beyond reasonable doubt to warrant the conviction of the Appellant by the trial court.