Obinna Uzor V. The State (2016)

LawGlobal-Hub Lead Judgment Report

JIMI OLUKAYODE BADA, J.C.A. 

This is an appeal against the Judgment of High Court of Justice, Benin Criminal Division of Edo State of Nigeria in Charge No: – B/200C/2010 ? THE STATE VS OBINNA UZOR delivered on the 20th day of February, 2014 wherein the Accused/Appellant was convicted on a two count charge of conspiracy to commit armed robbery and armed robbery punishable under Section 1(2)(a) of the Robbery and Firearms (Special Provisions) Act and sentenced to death.

Briefly, the facts that led to this Judgment being appealed against are that the Appellant was charged with the offence of conspiracy to commit armed robbery and armed robbery. In a bid to prove the charge at the trial Court, the prosecution called three witnesses while the Accused/Appellant testified in his defence and called one witness. According to PW1 (who is the husband of PW3 and guardian of PW2) he was informed by PW3 while he was away from home that armed robbers invaded their home on the 19th day of March 2010. He promptly returned home and eventually took PW2 (who was sexually assaulted by one of the robbers) to the

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hospital for treatment. On their way back home from hospital, the PW2 recognized the Appellant as one of the robbers that attacked them.

The PW2 testified that the robbers, armed with offensive weapons, invaded their house after 1a.m and eventually took her away to an uncompleted building where one of the robbers who the witness identified as the Appellant sexually assaulted her.

The PW3 gave similar evidence as PW2 at the trial Court and stated further that the robbers dispossessed her of jewelries, handsets and cash in the sum of N43, 500.00

The Appellant in his defence testified and denied the charge against him. The only witness called by the Accused/Appellant testified that the Appellant was with him in his room throughout the fateful night till daybreak when they took their bath, got dressed and left for work.

At the end of the trial, the Accused/Appellant was found guilty as charged and he was convicted on each of the counts. He was sentenced to death.

The Appellant who is dissatisfied with the Judgment of the Lower Court appealed to this Court.

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The learned counsel for the Appellant formulated five issues for the

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determination of the appeal. The issues are reproduced as follows:-