Newman Osi v. The State (2024)

LAWGLOBAL HUB Lead Judgment Report – SUPREME COURT

CHIOMA EGONDU NWOSU-IHEME, JSC (Delivering the leading judgment)

This is an appeal by the appellant against the judgment of the Court of Appeal, Benin Division delivered on the 17th of May, 2018 affirming the trial courts conviction and sentence of the appellant for the offence of conspiracy to Commit Armed Robbery and Armed Robbery.

The appellant was arraigned on a two count charge comprising of the offences of conspiracy to commit armed robbery contrary to section 1(2)(a) of the Robbery and Firearms (Special Provisions) Act, Cap 398, Vol.22 Laws of the Federation of Nigeria, 1990, and armed robbery punishable under section 1(2)(a) of the Robbery and Firearms (Special Provisions) Act Cap. 398, Vol. 22, Laws of the Federation of Nigeria, 1990.

Summary of fact:

The appellant, on 24th December, 2004, in company of others now at large, entered the home of the victims with firearms and robbed them of their possessions. Upon identification by PW2, the appellant was arrested on 25th December, 2004. The appellant was subsequently arraigned. He pleaded not guilty and the case went to trial.

The trial court gave judgment on 8th December, 2011 and convicted the appellant for the offences of conspiracy to commit armed robbery and for armed robbery, and sentenced him to death by hanging.

The appellant appealed to the lower court and in a considered judgment delivered by Samuel Chukwudumebi Oseji, JCA (as he then was) on 17th May, 2018, the lower court upheld the decision of the trial court.

Dissatisfied with the decision of the lower court, the appellant has now approached this court vide a notice of appeal dated 16th August, 2018 and filed on 17th August, 2018.

The appellants brief of argument which was settled by Chief Olivia Agbajoh Esq was dated 27th August 2019 and filed on 5th August 2019, while the respondents brief of argument which was settled by Omamuzo Erebe, Esq, was dated 23rd January, 2023, filed on 26th January, 2023 and deemed properly filed and served on 2nd May, 2024.

The issues nominated by learned counsel for the appellant, for the determination of this appeal, read as follows:

1. The issue of DW1 and his testimony.
2. The issue of whether the hooded shirt allegedly worn by the appellant did not make recognition difficult and therefore doubtful on the might of the alleged armed robbery.
3. The defence of alibi.

I will pause to state that the issues as distilled by the appellant are inelegant, badly worded and presented, and by no means exude any seriousness on the part of the learned counsel for the appellant.

On the part of the respondent counsel a sole question for the determination of this appeal was proposed, to wit:

Did the Court of Appeal correctly uphold the trial courts conviction and sentencing of the appellant?

Having considered the facts leading up to this appeal, it is my firm view that the sole issue which arises for determination is –