Oghenevweren Stanley Ogisugo V. The State (2015)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

UGOCHUKWU ANTHONY OGAKWU, J.C.A.(Delivering The Leading Judgment)

This is an appeal against the judgment of the High Court of Delta State delivered on 19th June, 2008 wherein the Appellant was convicted for the offences of conspiracy to commit armed robbery and armed robbery. The Appellant was in consequence of the conviction sentenced to death. Being dissatisfied with the judgment, the Appellant appealed against the same. And so here we are.

The facts leading to the charge against the Appellant as made out by the prosecution, in so far as is apparent from the cold printed records, show that while the PW4 was away from home, his residence was broken into and some items stolen therefrom. The PW4 lodged a report with the police who visited the scene. Later that same night, some persons tried to scale the gate of the residence of the PW4 whereupon the PW4 escaped and went to the police station to report.

He later returned with some policemen who engaged in a shoot-out with some people who were breaking houses and in the course of the shoot-out the Appellant was shot in the leg and arrested. The facts on record also disclose that the PW2 was marched by the Appellant and another person to the shop of the PW1 where they forced the PW1 to open her window, broke the louvers and were given some bottles of beer and cigarettes by the PW1.

The PW2 maintained that the Appellant and the person he was with were armed with shot-gun. It is on these set of facts that the Appellant was arraigned on a three count charge as follows:

“STATEMENT OF OFFENCE: COUNT I

Conspiracy to commit armed robbery 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.

PARTICULARS OF OFFENCE:

Oghenevweren Stanley Ogisugo (m) on or about the 21st day of February, 2006 at Sanubi Village within Isiokolo Judicial Division conspired with others now at large to commit armed robbery.

STATEMENT OF OFFENCE: COUNT II

Armed robbery, 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.

PARTICULARS OF OFFENCE:

Oghenevweren Stanley Ogisugo (m) on the 21st day of February, 2006 at Sanubi Village within Isiokolo Judicial Division robbed Victoria Moses (f) of the sum of N50,000.00 (Fifty Thousand Naira) cash and at the time of the robbery, you were armed with offensive weapon to wit: gun.

STATEMENT OF OFFENCE: COUNT III