Obasi Onyenye Vs The State (2012)

LAWGLOBAL HUB Lead Judgment Report

MARY UKAEGO PETER-ODILI, J.S.C.

The Appellant was before the Oyo State High Court sitting in Ibadan originally charged with 6 (six) others with the offences of conspiracy contrary to section 5 (b) and punishable under Section 1 (2) (a) of the Robbery and Firearms (Special Provisions) Act Cap. 398 Vol. XXII, Laws of the Federation of Nigeria 1990 as Amended; Armed Robbery contrary to and punishable under Section 1(2) (a) of the Robbery and Firearms (Special Provisions) Act, Cap.398 Volume XXII, Laws of the Federation of Nigeria, 1990 as Amended. Sheltering an Armed Robber contrary to Section 5 (b) and punishable under Section 1 (2) (a) of the Robbery and Firearms (special Provisions) Act Cap 398 Vol. XXII, Laws of the Federation of Nigeria 1990 as Amended. 7 (Seven) counts in all but the appellant is related to only 1 – 6 of the Courts contained in the information.

For better clarity I shall re-cast the counts as they appeared in the Court of trial; viz:-

1. STATEMENT OF OFFENCE

Conspiracy to commit felony to wit: Armed Robbery contrary to Section 5 (b) and publishable under Section 1 (2) (a) of the Robbery and Firearms (special Provisions) Act Cap.398 Vol. XXII, Laws of the Federation of Nigeria 1990 as amended.

PARTICULARS OF OFFENCE

Francis Oguegbu ‘M’, Ifeanyi Mojekwu ‘M’, Chukwudi Okeke ‘M’, Obinna John ‘M’, Obasi Onyenye ‘M’, Okechukwu Nwesi ‘M’, on or about the 7th day of May, 2003 at Idi-Ayunre, along Ibadan – Ijebu-Ode Road, Ibadan, in the Ibadan Judicial Division did conspire together to rob Saudatu Yusuf, Bayo Owusu, Adedapo Busayo, Asuquo Jackson and Hammed Lawal of their valuable property.

2. STATEMENT OF OFFENCE

Armed Robbery, contrary to and punishable under section 1 (2) (a) of the Robbery and Firearms (Special Provisions) Act, Cap. 398 Volume XXII, Laws of the Federation of Nigeria, 1990 as amended.

PARTICULARS OF OFFENCE

Francis Oguegbu ‘M’, Ifeanyi Mojekwu ‘M’, Chukwudi Okeke ‘M’, Obinna John ‘M’, Obasi Onyenye ‘M’, Okechukwu Nwesi ‘M’, on or about 7th day of May, 2003 at Idi-Ayunre along Ibadan-Ijebu-Ode Road, Ibadan in the Ibadan Judicial Division whilst armed with fire-arms and offensive weapons to wit: Guns robbed one Saudatu Yusuf of the five hundred thousand naira only (N500,000.00).

3. STATEMENT OF OFFENCE

Armed robbery contrary to and punishable under section 1(2) (a) of the Robbery and Fire-arms (Special Provisions) Act, Cap. 398 Vol. XXII, Laws of the Federation of Nigeria 1990, as Amended.

PARTICULARS OF OFFENCE

Francis Oguegbu ‘M’, Ifeanyi Mojekwu ‘M’, Chukwudi Okeke ‘M’, Obinna John ‘M’, Obasi Onyenye ‘M’, Okechukwu Nwesi ‘M’, on or about the 7th day of May, 2003 at Idi-Ayunre along Ibadan-Ijebu-Ode Road, Ibadan in the Ibadan Judicial Division whilst armed with firearms and offensive weapons to wit: Guns robbed one Bayo Owusu of his one hundred and eighty thousand naira (N180,000.00).

4. STATEMENT OF OFFENCE

Armed Robbery Contrary to and punishable under Section 1 (2) (a) of the Robbery and Firearms (Special Provisions) Act, Cap.398 Vol. XXII, Laws of the Federation of Nigeria 1990, as Amended.

PARTICULARS OF OFFENCE