Orobosa Eyonaowa V. Commissioner Of Police (2014)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

TOM SHAIBU YAKUBU, J.C.A. (Delivering the Leading Judgment)

The appellant was arraigned and tried at the Edo State High Court of Justice, sitting in Benin City on a four-count charge as follows:

“COUNT I

That you Orobosa Eyonaowa on or about the 3rd day of April, 2000, at Benin City in the Benin Judicial Division conspired with others now at large to commit a felony to wit: Armed Robbery and thereby committed an offence contrary to Section 4(b) and punishable under Section 1(2) (a) of the Robbery and Firearms (Special Provisions) Act Cap. 398 of 1990 Laws of the Federation of Nigeria.

COUNT II

That you Orobosa Eyonaowa on or about the 3rd day of April 2000 at Benin City in the Benin Judicial Division robbed one Grace Ogieva of the sum of N29,500, while armed with cutlass and thereby committed an offence punishable under Section 1(2) (a) of the Robbery and Firearms (Special Provisions) Act Cap. 398 of 1990 Laws of the Federation of Nigeria.

COUNT III

That you Orobosa Eyonaowa on or about the 3rd day of April, 2000 at Benin City in the Benin Judicial Division robbed one Elizabeth Omozegbon of the sum of N60.00, while armed with cutlass and thereby committed an offence punishable under Section 1 (2) (a) of the Robbery and Firearms (Special Provisions) Act Cap. 398 of 1990 Laws of the Federation of Nigeria.

COUNT IV

That you Orobosa Eyonaowa on or about the 3rd day of April, 2000 at Benin City in the Benin Judicial Division robbed one Rose Obawuyi of the sum of N11, 500 and necklace while armed with cutlass and thereby committed an offence punishable under Section 1(2)(a) of the Robbery and Firearms (Special Provisions) Act Cap. 398 of 1990 Laws of the Federation of Nigeria.”

The plea of the appellant was taken on 29th September, 2005. He denied the charge against him. The prosecution called three witnesses in order to prove the allegations against the appellant. The extra-judicial statements made by the appellant were tendered in evidence. The appellant also gave evidence in his defence. He did not call any other person as a witness.

Both learned counsel for the appellant and the respondent addressed the court. In his judgment, D.I. Okungbowa, J., on 8th November, 2006, convicted the appellant on three of the counts and consequently sentenced him to death. His Lordship said in conclusion:

“From the totality of the evidence before me I am satisfied that the prosecution has proved the guilt of the accused beyond reasonable doubt in counts 1, 2 and 3. I hereby find the accused guilty in counts 1, 2 and 3 and convict him accordingly. The punishment for the offence of armed robbery is the death sentence, and it is mandatory.”

Therefore, the appellant was sentenced to death.