Osamede Abbey V. The State (2017)

LAWGLOBAL HUB Lead Judgment Report

KUDIRAT MOTONMORI OLATOKUNBO KEKERE-EKUN, J.S.C.

On 21/11/2002, the appellant and three others were charged before the High Court of Edo State, sitting at Benin City (the trial Court) on a two-count charge of conspiracy and armed robbery as follows:

COUNT 1

That you Jude Maduka obi, Okechukwu Maraire, Osamede Abbey and Francis Ehebholo, on or about the 25TH day of March 1999 at Buvel Filling Station, No. 222 Muritala Muhammed way Benin City in the Benin Judicial Division. conspired with each other to commit a felony to wit: Armed Robbery and thereby committed an offence punishable under Section 1 (2) (a) of the Robbery and Firearms (Special Provisions) Act Cap. 398 Laws of the Federation of Nigeria, 1990.

COUNT 2

That you Jude Maduka Obi, Okechukwu Maraire, Osamede Abbey and others now at large on or about the 25th day of March 1999 at Buvel Filling Station, No. 222 Muritala Muhammed way Benin City, in the Benin Judicial Division robbed the sum of seven hundred and sixty-four thousand four hundred and thirty-eight naira, eighty-three kobo (N764,438.83), Four Hundred Dutch (sic) Mark (400 Dutch (sic)

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Mark), sixty four US Dollars (64 US Dollars), Fifty British Pounds Sterling cash (50 British Pounds Sterling) and coral beads of assorted forms valued at one hundred and fifty thousand naira (N150,000) properties of Prince Clement Okoeguale and at the time of the robbery were armed with a gun and thereby committed an offence punishable under Section 1 (2) (a) of the Robbery and Firearms (Special Provisions) Act Cap 398 Laws of the Federation of Nigeria, 1990.

At the arraignment the appellant was the 3rd accused. All the accused persons pleaded not guilty to the charges against them. Unfortunately, the 1st accused, Jude Maduka Obi, died in prison custody. The prosecution withdrew the charges against the deceased and amended the charge. The remaining three accused persons, including the appellant pleaded not guilty to the amended charge. The appellant then became the 2nd accused. The 4th accused, Francis Ehebholo, who was charged on the count of conspiracy only, was discharged on a successful no-case submission, leaving only two accused standing trial – the appellant and one Okechukwu Maraire.

The prosecution called seven witnesses in proof of its case.

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The facts as presented by the prosecution are as follows: PW3, Thomas lyere was a night guard at Buvel Filling Station, Murtala Mohammed Way, Benin City. He resumed for work at about 7 p.m. on 24/3/1999. After all workers closed for the day around 8 pm he was alone in the premises. At about 2 a.m. in the early hours of the following day, 25/3/1999, he heard some noise suggesting that the gate had been shaken. He went to investigate and saw two persons, who had already entered the premises, walking towards him. He asked of their mission but they did not respond. Sensing danger, he tried to escape to the nearby premises of New Nigerian Bank, which usually has police presence. Unknown to him, there were other hoodlums in the premises. Two other men grabbed him by the collar and dragged him to the mechanic section on the premises. According to his testimony, they tore his shirt and used part of it to bind his hands and legs. They advised him to remain quiet, as he was not the one they were after. A gun was pointed at him to ensure he understood their command.

The person in possession of the gun stood over him while others went to carry out the operation. From

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