Okechkwu Nweze Vs. The State (2017)

LAWGLOBAL HUB Lead Judgment Report

CLARA BATA OGUNBIYI, J.S.C.

The appellant herein was charged along with five others, on one count of conspiracy to commit the offence of armed robbery and five counts of armed robbery, at the High Court of Justice of Oyo State before the Hon. Justice E. Esan. The seventh accused person on the charge sheet was charged with sheltering an armed robber.

The initial original charge sheet contained seven accused persons but the prosecution later dropped the charges against the first three. The appellant herein, who was the sixth accused person at the trial originally then, became the third accused person.

The prosecution’s case was that on the night of the 7th day of May, 2003, the appellant, in company of two others also charged with the offence, conspired together and robbed passengers on board a G.U.O. Luxurious Bus at Idi-Ayunre along the Ibadan-Ijebu Ode Rood in Oyo State, whilst armed with guns.

The appellant and the two accused persons were charged under Section 5(b) and Section 1(2)(a) of the Robbery and Firearms (Special Provisions) Act Cap. 398 Laws of the Federation of Nigeria 1999 as

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amended.

The appellant was arraigned on the 13th day of April, 2005 and pleaded not guilty to all the six counts leveled against him by the state. The appellant in his defence denied that he was one of the people who robbed the G.U.O. bus but admitted however that he did participate in the process of drugging sachet water (Pure water) which his confederates used to induce sleep in their victims before dispossessing them of their belongings. He also denied participating in the actual sale of the drugged water and travelling with the intended victims.

At the trial, the prosecution called (seven) witnesses and closed its case whilst the appellant testified in his own defence and did not call any other witness.

At the conclusion of evidence, counsel on both sides addressed the Court after which the learned trial judge adjourned for judgment.

After summarizing the case put forward by the prosecution and the defence, the learned trial judge found the appellant guilty as charged and sentenced him to death on the 9th of November, 2006.

Against the trial Court’s judgment, the appellant appealed to the Court of Appeal, Ibadan

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Division by filing his notice of Appeal dated the 17th of November, 2006, which was subsequently amended on the 16th day of June, 2008, by the leave of Court.