Nosakhare Owie v. The State (2025)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

MUHAMMAD IBRAHIM SIRAJO, JCA (Delivering the leading judgment)

The appellant was arraigned alongside one Lucky Ikhifa before the High Court of Justice of Edo State, in the Benin Judicial Division (hereinafter referred to as the lower court) on a 3 (three) count charge for the offences of conspiracy to commit robbery contrary to section 6(b) of the Robbery and Firearms (Special Provisions) Act, Cap RII, Laws of the Federation of Nigeria, 2004, armed robbery contrary to section 1(2)(a) of the Robbery and Firearms (Special Provisions) Act, Cap RII, Laws of the Federation of Nigeria, 2004, and kidnapping contrary to section 2(1) of the Kidnapping (Prohibition) Law of Edo State, 2009.

The particulars of the offence was given as follows:

Count I

That you Nosakhare Owie (m) and Lucky Ikhifa (m) with others now at large on or about the 8th day of June, 2010, at Benin Judicial Division, did conspire amongst yourselves to commit a felony, to wit: Armed Robbery, and thereby committed an offence contrary to section 6(b) and punishable under section 1(2)(a) of the Robbery and Firearms (Special Provisions) Act, Cap RII, Laws of Federation of Nigeria, 2004.

Count II

That you Nosakhare Owie (m) and Lucky Ikhifa (m) with others now at large on or about the 8th day of June, 2010, at Benin Judicial Division, did rob one Rosaline Aitonje (f) of her Mercedes Benz Salon V-boot Car, and at the said time of the robbery you are armed with offensive weapon to wit: guns and thereby committed an offence punishable under section 1(2)(a) of the Robbery and Firearms (Special Provisions) Act, Cap RII, Laws of Federation of Nigeria, 2004.

Count III

That you Nosakhare Owie (m) and Lucky Ikhifa (m) with others now at large on or about the 8th day of June, 2010, at Benin Judicial Division, did kidnap one Rosaline Aitonje (f) and thereby committed an offence contrary to section 2(1) and punishable under section 3(2) of the Kidnapping (Prohibition) Law of Edo State, 2009.

The appellant, who was the 1st defendant at the lower court, pleaded not guilty to all three counts in the charge. During the trial, the prosecution/respondent called three (3) witnesses and tendered three (3) exhibits whereas the appellant/1st defendant did not call any witnesses or tender any exhibit but defended himself on oath at the lower court.

At the conclusion of the trial at the lower court, the appellant and the respondent filed final written addresses which they adopted as their respective submissions. In a judgment delivered on the 19th December, 2018, the learned trial Judge, Hon. Justice Ohimai Ovbiagele, found the appellant guilty and convicted him accordingly. The appellant was subsequently sentenced on counts 1 and 2 to death by hanging or by lethal injection and to life imprisonment in count 3.

Peeved by his conviction and sentence, the appellant lodged this appeal vide an amended notice of appeal personally signed by him dated 11th September, 2020 and filed on the same date. The amended notice of appeal was anchored on six grounds of appeal The appellant prayed for an order allowing the appeal and quashing the conviction and sentence passed on him.

The facts of the case leading to the arraignment of the appellant can be summarized thus: That one Rosaline Aitonje (PW2) on the 8th of June, 2010 whilst being driven to the market by her son in her Mercedes Benz from her house at No. 28, Ogbebor Street, off Ewa Road, Benin, was cornered at gunpoint by some people.

The appellant and the 2nd defendant, one Lucky Ikhifa, forced themselves into the car, pushed her son out of the car, robbed her of her jewellries and sped off with her in her Mercedes car. She was taken to the bush and the negotiations for her release began.