Joseph Zhiya V. The People Of Lagos State (2016)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

SAMUEL CHUKWUDUMEBI OSEJI, J.C.A.(Delivering the Leading Judgment)

This appeal challenges the judgment of the High Court of Lagos State delivered by HON. JUSTICE D.O OLUWAYEMI on the 10th day of April 2013 wherein the Appellant and one other accused person were convicted for the offence of conspiracy to rob and robbery and consequently sentenced to 14 years imprisonment on each of the two counts but to run concurrently.

Three accused persons to wit EMMANUEL AKOR (now deceased), JOSEPH ZHIYA (Appellant) and PAUL ENENCHE were arraigned before the trial Court on the 29-3-2010 on a three count charge to which they pleaded not guilty. In the course of the trial, the 1st accused person EMMANUEL AKOR died and this resulted in the amendment of the charged which was then reduced to two counts and the Appellant became the 1st accused person. The said amended two counts charge is dated 24-6-2013 and the accused persons took a fresh plea before the trial continued.

The facts of the case as per the prosecution was that Appellant and PAUL ENENCHE (2nd accused) were police officers.

The Appellant was attached to Onikan Divisional

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Police Headquarters, Ikoyi whilst the 2nd accused person was just posted from Nasarawa to Lagos State and was yet to be assigned for any duty. They were alleged to have acted in concert with the late EMMANUEL AKOR to rob some Chinese citizen resident at No 2 Ogidi Street, Lekki Phase I. Their mode of operation was said to involve going to the house of their victims and introduce themselves as having come to investigate an allegation of crime made against the victims and as soon as they were allowed access into the house, they bailed their victims up and robbed them of various items including foreign currencies, three laptops, three bags containing other stolen items. As the robbery was going on one of the security guards in a neighbouring house who noticed what was happening ran to report the incident at Maroko Police Station. The Police Officers on duty responded immediately and this resulted in the arrest of the three suspects while two others escaped.

The Appellant however denied the allegation of robbery. But that he went to Lekki in response to a distress call he received from EMMANUEL AKOR who told him that he was having problem with his employers

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and when he got to the place he met them fighting and this prompted him to go to Maroko Police Station for their intervention, but on getting there he himself was arrested.

At the trial, the prosecution called two witnesses to prove its case, while the Appellant testified for himself and called no other witness. At the conclusion of the trial, the parties filed and served their written addresses which they subsequently adopted. In a judgment delivered on 10-4-2014, the two Defendants were found guilty of the two count charge. They were convicted and sentenced to 14 years imprisonment on each of the two counts but the terms are to run concurrently.

Not satisfied with the said judgment, the Appellant filed a Notice of Appeal dated 27-3-2015 with four grounds of appeal.

Briefs of argument were subsequently filed and served by the parties and same were adopted at the hearing of the appeal on 17-3-2016.

In the Appellant?s brief of argument settled by CHIJIOKE O.C. EMEKA, and filed on 12-8-2015 but deemed properly filed on 21-10-2015 the following three issues were formulated for determination:-