Mathew Nwokocha V Attorney General Of Imo State (2016)

LAWGLOBAL HUB Lead Judgment Report

CLARA BATA OGUNBIYI, J.S.C.

This is an appeal against the Judgment of the Court of Appeal sitting at its Owerri Judicial Division affirming the conviction of the appellant by High Court of Imo State. The appellant alongside one David Amadi and Ikechi Ukanacho were found guilty of the offence of Armed Robbery contrary to S.1 (2)(b) of the Robbery and Fire Arms (Special Provisions) Act Cap 398 Vol. XXII Laws of the Federation of Nigeria 1990 and sentenced to death on the 28th September, 2006.

The historical background of this appeal was that the appellant was jointly charged alongside one David Amadi and Ikechi Ukanacho with the offence of Armed Robbery contrary to Section 1(2) (b) of the Robbery and Firearms (Special Provisions) Act Cap.398 Vol. XXII Laws of the Federation of Nigeria 1990 as applicable in Imo State. He was the 3rd accused person in the said charge.

The accused persons pleaded not guilty to the charge. The appellant refused to testify and did not call any witness. The case of the prosecution was that on 3/5/1998 around 2a.m. armed robbers invaded the house of PW1 one Mr Vitalis

Abareke, at Umuebe in Akabor. PW1 who was sleeping at that time was awoke by the barking of his dogs. He drew near the window and saw people dressed in black shirts and trousers. The robbers tried to force the door open and he was shouting “thieves, thieves”.

When the robbers eventually gained entrance into his house, they robbed him of various sums of money totalling N90,000.00 (Ninety Thousand Naira) and a trident radio worth N7,400,00 (Seven Thousand Four Hundred Naira).

In the course of the robbery he saw and recognized the robbers as David Amadi, the 1st accused: Ikechukwu Ukanacho, the 2nd accused; Mathew Nwokocha, the 3rd accused/appellant and one Kingsley Amadi who is still at large. During the robbery, that the 3rd accused/appellant, Mathew Nwokocha instructed the others to beat PW1 to death or he will retaliate. To drive home his point, the 3rd accused/appellant picked up an empty bottle on PW1’s dining table and broke same on his (PW1) head and used the sharp edge to stab PW1 on the head. PW1 recognized the robbers by the aid of moonlight through his window glass which he opened a little having drawn the curtain earlier. The

robbers were people from his community and he knew them prior to the incident.

In the morning, PW1 reported the incident to the police at Iho. He made a statement to Iho Police and mentioned the names of the accused persons the appellant inclusive and Kingsley Amadi still at large as the people that robbed him. The matter was subsequently transferred to the State CID Owerri where he also made a statement on 11/5/98 and mentioned the names of the accused persons again.

The 1st and 2nd accused persons were first arrested and arraigned while the search for the appellant and other fleeing accused person continued.

Eventually, the appellant, Mathew Nwokocha was arrested at Port Harcourt and brought back to the State CID Owerri where he volunteered his statements. In his 1st statement the appellant mentioned the 1st and 2nd accused persons as his co-accused persons. His 2nd statement led to the recovery of a Yamaha RK 125 motorcycle which he had earlier stolen. The statements were admitted as Exhibits ‘D’ and E respectively-

At the close of the case for the 2nd accused, Ikechi Ukanacho, the Court called on the 3rd accused/appellant,

Mathew Nwokocha to enter his defence but he refused.

Thereafter and on the 23rd January, 2006, the Court adjourned the case to 2nd March 2006 for addresses. On that day, the Court granted the appellants counsel, Mr. E. F. Njemanze, (who had earlier claimed that the accused/appellant has lost confidence in him), the liberty to submit written address on behalf of the appellant.