Irene Nguma V. Attorney General of Imo State (2011)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

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

This is an appeal against the interlocutory Ruling and the Judgment of Chioma Nwosu – Iheme J. at the High Court of Imo State, Owerri Judicial Division sitting at Owerri.

The interlocutory Ruling on the admissibility of the confessional statement of the Appellant after a trial within trial was delivered on 10/2/2004. The Judgment of the court which convicted the Appellant (2nd Accused) and the 1st Accused of the offences of conspiracy and Armed Robbery was delivered on 22 – 2 – 2007.

The facts of the case are as follows:

The Appellant and the 1st Accused person (who claimed to be husband and wife) were charged on a two count charge with the offence of conspiracy, contrary to Section 5 (b) of the Robbery and firearms (Special Provisions) Act and Armed Robbery, contrary to Section 1 (2) (a) of the same cap. 398 Volume 22, Laws of the Federation of Nigeria 1990. Each of the Appellant and the 1st Accused pleaded not guilty to each charge.

The Prosecution called two witnesses, the victim, Augustine Chukwunyere PW1 and Inspector Atti Okon. The Prosecution also tendered nine. (9) Exhibits namely; (1) A Berreta Pistol. (2) Two life Ammunitions. (3) The Application by PW1 to the Police, for the release of recovered items. (4) The Bond entered into by PW1 for the release of the recovered stolen items to him. (5) One Axe. (6) A Pump Action Gun. (7) Statement of the 2nd Accused person. (8) 1st statement of the 1st Accused person. (9) 2nd statement of the 1st Accused person.

The appellant and the 1st Accused testified as DW1 and DW2 respectively, and called no witness.

The story of the Prosecution is that the PW1, Augustine Chukwunyere came back for Christmas in his Uzoagba country home, for the memorial service of his late wife. That prior to the Robbery incident, the Appellant, Irene Ngumah was seen with the 1st Accused in the victims compound and that Appellant and 1st Accused attended the Thanks Giving Ceremony, the Sunday Proceeding the 31/12/98′, the day of the Robbery.

In the early hours of the said 31/12/98, three men broke into the house of PW1, the 1st Accused was one of them, he covered lower part of his face with hand kerchief and he had a Black Pistol in his hand, while the other two had Short Guns. They ordered PW1 to bring out the Dollars and out of fear, he brought out his leather bag, and emptied all the money therein on the floor. The 1st Accused ordered him to pack all the money into the leather bag, and he did so.

The Robbers collected bundles of Naira notes totaling N330, 000.00, One Hundred and Fifty Dollars and Forty Pounds in Twenty Pound denomination. They also collected Wrist watch, Gold chains, Mobile phone and some jewelry.

The Robbers eventually matched out PW1 where other members of their gang were waiting, all armed. The night guards were tied. They also robbed the next compound, the house of PW1’s cousin, Nelly Chuwunyere, and continued the shooting.

PW1 recognised the 1st Accused because he had a flashlight and his own lamp was still on at the time the Robbers came. Also, he has met the 1st Accused twice. He took particular notice of the 2nd Accused because the first day he met with her, she put a ring on her nose, and wore a chain on her leg. After the Robbery, PW1 and his relations reported to the Police at Iho on 1/1/99.

At about 12 noon on the said 1/1/99, after making the report, PW1 was driving pass the market square, when he sighted the 1st Accused trying to board a vehicle. He immediately alerted policemen at the Uzoagba Police Post who arrested the 1st Accused, PW1 made a report of the Armed Robbery at the Police Headquarters, Owerri, and was given four police men. The 1st Accused took the Police from Owerri to the house of the 2nd Accused.

At the house of the 2nd Accused, the Police recovered PW1’s mobile phone. The 2nd Accused brought out PW1’s leather bag containing the sum of N25, 000.00 (Twenty Five Thousand Naira). Also recovered from the 2nd Accused were the Gold chain, Wedding ring, Pair of shoes, Wrist watches, the Axe and one Gun.