Onyeka Mberi V. The State (2016)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

FREDERICK O. OHO, J.C.A.: (Delivering the Leading Judgment)

Before the High Court of Justice, Imo State of Nigeria in the Orlu Judicial Division, Holden at Urualla ONYEKA MBERI along with one (1) other person was charged on a single Count information with the offence of Armed Robbery, contrary to Section 402(2) (a) of the Criminal Code Act Cap. 77 Laws of the Federation of Nigeria 1990 as Applicable in Imo State.

In the particulars of offence the Appellant in company of one other person were said to have committed the offence of Armed Robbery on the 23rd day of June, 2008 at AKOKWA in Ideato North Local Government Area of Imo State while armed with a gun and other dangerous weapons, when they robbed Alibaz Industries Limited of two pieces of armored cable wire valued at Six Hundred and Fifty-Thousand (N650,000.00) Naira and one Armature valued at Thirty-Thousand (N30,000.00) Naira.

The accused persons at the lower Court pleaded not guilty and the Prosecution called four (4) witnesses and tendered 22 Exhibits which were admitted and marked as Exhibits A, B1-B10, C, D, E, F, G, H, I, J, K and M. The Appellant testified for himself and

called no witnesses in the course of his defense before the Court.

At the conclusion of trial, the learned trial Judge in a considered Judgment on the 30-3-2012 found the Appellant guilty as charged and sentenced him to 25 years imprisonment with hard labour. It is against this conviction and sentence that the Appellant has appealed to this Court vide his Notice of Appeal dated the 27-3-2013 and filed on the 2-4-2013. In all, eight (8) Grounds of Appeal were filed and from which learned Appellant’s Counsel distilled four (4) issues for the Courts determination. These grounds are as follows:

GROUND ONE:

The learned trial judge misdirected himself in law when he held inter alia that; ? the evidence of the prosecution witness are acceptable, reliable and compelling, I cannot find the contradiction in the prosecution witnesses evidence that is material or substantial that will make me not believe it.

GROUND TWO:

The trial Court erred in law when it relied on the case of ASANYA vs. STATE (1991) 3 NWLR (PT. 180) 427 AT 467 to hold that the evidence of the Appellant was conflicting and contradictory with

their extra judicial statements and as such unbelievable and unacceptable and thereby occasioned a miscarriage of justice against the Appellant.

GROUND THREE:

The Court erred in law when it held that the Appellant did not raise the issue of alibi properly and that the defense of alibi was not available to the Appellant since he failed to raise it at the earliest time and that the prosecution has led credible evidence to dislodge the defense.

GROUND FOUR: