Inspector General Of Police v. Felix Ngozi Achi (2024)

LAWGLOBAL HUB Lead Judgment Report – SUPREME COURT

JOHN INYANG OKORO, JSC (Delivering the leading judgment)

This is an appeal against the decision of the Court of Appeal, Abuja Judicial Division, delivered on the 13th day of January, 2022, which set aside the decision of the High Court of the Federal Capital Territory, delivered on the 16th day of June, 2015.

The respondent herein, Felix Ngozi Achi, was arraigned along with two others before the trial Court on a 3-count charge.

The first count charged him with conspiracy to commit armed robbery. Its particulars are that the respondent, one Ogechukwu Oghanwa ‘m’, Nancy Okpoh f, and others now at large, on the 25th day of October, 2012, at Saint Michael’s Catholic Church, Garaku Lafia in the Lafia Judicial Division triable in the Maitarna Judicial Division of the Federal Capital Territory, conspired to commit a felony to wit: Armed Robbery and thereby committed an offence punishable under section 6(b) of the Robbery and Firearms (Special Provisions) Act, Cap R11, Laws of the Federation of Nigeria, 2004 The second count charged the respondent with armed robbery.

Its particulars are that the respondent, one Ogechukwu Oghanwa ‘m’, Nancy Okpoh f, and others now at large, on the same date and same place in the aforesaid Judicial Division triable in the Maitama Judicial Division of the Federal Capital Territory, robbed one Rev. Father Paul Onah of his Honda CRV with Reg. No. BWR-22-AG, value yet unknown, the sum of N2,700.00 cash, one blackberry phone value yet unknown while armed with guns and other dangerous weapons and thereby committed an offence punishable under Section 1(2)(a) of the Robbery and Firearms (Special Provisions) Act, Cap R11, Laws of the Federation of Nigeria, 2004.

The third count also charged the respondent with armed robbery. Its particulars are that the respondent, one Ogechukwu Oghanwa ‘m’, Nancy Okpoh f, and others now at large, on the same date and same place in the aforesaid Judicial Division triable in the Maitama Judicial Division of the Federal Capital Territory, robbed one Rev. Father Simon Chia Aweli in the sum of N180,000.00 cash, HP Laptop valued at N30,000.00, Sony Tape Recorder valued at N10,000.00 and other items while armed with guns and other dangerous weapons and thereby committed an offence punishable under section 1(2)(a) of the Robbery and Firearms (Special Provisions) Act, Cap R11, Laws of the Federation of Nigeria, 2004.

The respondent as well as the other two defendants pleaded “Not guilty” to the 3-count charge by reason of which the trial court proceeded to trial. At the trial, the appellant fielded four (4) witnesses namely PW1-PW4 and tendered several exhibits.

The facts that emerged from the prosecution were that on the 25th day of October, 2012, between 12.00 midnight to 1.30 am, a gang of armed robbers invaded the residence of PW4 by name Rev. Father Paul Onah, at Saint Michael’s Catholic Church, Garaku, Lafia, Nasarawa State, and robbed him of several valuables.

The armed robbers also robbed his neighbor, Rev. Father Simon Chia Aweli of several valuables. The respondent and the other two defendants testified in their defence. Thereafter, parties addressed the trial court after which the trial court adjourned for judgment.

By its judgment delivered on the 16th day of June, 2015, the trial court convicted the respondent on counts 1 and 2 of the 3-count charge and sentenced him as follows:

A term of imprisonment in respect of the first count and a sentence to death in respect of the second count.

Dissatisfied with the judgment of the trial court, the respondent appealed to the lower court via a notice of appeal filed on the 13th day of March, 2017.

It is worthy of note that although ground one in the notice of appeal before the lower court complained that the trial court erroneously assumed jurisdiction over the case when the offence for which the respondent was charged with were allegedly committed in Nasawara State, no issue was formulated in respect of that ground. Accordingly, no submissions were made by either party as to whether or not the trial court lacked jurisdiction over the case.

However, the lower court, by its judgment delivered on the 13th day of January, 2012, raised suo motu the issue of territorial jurisdiction of the trial court to entertain the charge and resolved same against the appellant.