Joseph Ezirim & Ors V. Attorney-general Of Imo State (2009)

LawGlobal-Hub Lead Judgment Report

TIJJANI ABDULLAHI, J.C.A.

The Appellants in this appeal were tried on an information which charged them with the offence of robbery with violence contrary to Section 1 (2) (a) of the Robbery and Firearms (Special Provisions) Act Cap. 308 Volume XXI Laws of the Federation of Nigeria (1990). The particulars of the offence as contained in the information read thus:

“Joseph Ezirim, Ikechukwu Ebo, Simon Okoroigwe, on the 22nd day of August, 1998 at Afor Ibeme in Mbano armed with firearms robbed Mr. Remigius Ezeji of the sum of N48,000.00 including a hand bag valued at N350.00 property of Remigius Ezeji.”

Each of the Appellants pleaded not guilty to the charge. The prosecution called five witnesses. Each of the Appellants testified on his behalf and the 2nd Appellant called one witness who testified for him. The facts of the case as can be gleaned from the records are that: – The 1st and 2nd Appellants, Ikechukwu Ebo and Simon Okoroigwe were charged along with two others; one of them died in Police custody and the other one died shortly after conviction with the offence of armed robbery under section (1) (2) (a) of the Robbery and Firearms (Special Provision) Act, Vol. 22, Cap 398 Laws of the Federation of Nigeria, 1990, an offence which carries capital punishment.

On 22nd August, 1998, the day of the incident, around 9.55 pm. PW1 and members of his family were seated in their parlour watching television when suddenly their door was smashed open, three people armed with gun emerged, one pointed a gun at him and ordered him to surrender all his money or he would be killed.

PW1 and his wife surrendered a total sum of N48,000.00 and a hand bag to the robbers. In the process of the robbery one of them stabbed him (PW1) with a sword on the leg. They (robbers) eventually left,shooting their guns into the air. Some expended cartridges recovered at the scene of the robbery were tendered and admitted in evidence during the trial of the Appellants. The Appellants and the other two who are now late were arrested though not at the scene of the crime. They were prosecuted and in a reserved judgment, the learned trial Judge C. I. Ohakwe (J) held thus:

“For reason earlier stated in this judgment the defence of alibi raised by the 1st, 2nd and 3rd accused persons is false as it is an after thought. It does not avail the accused person (sic). I hold that the prosecution has established the charge of armed robbery against each of the accused persons (sic) beyond reasonable doubt. I therefore find the 1st, the 2nd and the 3rd accused persons guilty of the offence of armed robbery.”

The learned trial Judge sentenced each of the Appellant to death by hanging by the neck till he be dead or to suffer death by firing squad as the Governor of Imo State may direct.

Not unexpectedly, the Appellants were aggrieved with the decision of the lower court. They approached this court and filed a Notice of Appeal on the 18/02/2006 consisting of four grounds.

The grounds shorn of their particulars are as follows:

“(1) GROUND ONE (1) ERROR IN LAW

The learned trial Judge erred in law in convicting the 2nd Accused/Appellant based on the evidence of PW2 Mrs. Victoria Uwalaka that she recognised the 2nd Accused/Appellant as one of the persons that robbed them on 22/08/98.

(2) GROUND TWO (2) ERROR IN LAW

The learned trial Judge erred in law in convicting the 2nd Accused/Appellant without giving adequate considerations to his legal defences raised in his statement to the police and in his oral evidence in Court.