Patrick Njovens & Ors. v. The State (1973)

LawGlobal-Hub Lead Judgment Report

B. A. COKER, J.S.C. 

The four appellants were respectively the 1st, 2nd, 3rd and 4th accused persons tried together by Adesiyun, J. in the High Court, Borin in the Kwara State. The Charge Sheet on which they were tried contains a total of nine counts and reads as follows

Count 1

“That on or about the 13th day of April, 1971 at a place between Ilorin and Bacita in the Kwara Judicial Division one Felix Dumeh and three others committed the offence of robbery, and that you, Patrick Njovens, Y.L. Bellow, Alhaji Amusa Abidogun and Chief Samuel Taiwo Oredein sometime in April, 1971 at Ibadan having previous knowledge of the plan to commit the said offence abetted the said Felix Dumeh and others in the commission of the said offence by intentionally aiding, encouraging and instigating the commission of the said offence by agreeing with Felix Dumeh and others and promising on oath to conceal the said offence when committed and by taking no action to prevent its commission and you thereby committed an offence punishable under section 85 and section 298 (b) of the Penal Code and triable by the High Court.

Count 2

That you Patrick Njovens, Y.L. Bello, Alhaji Amusa Abidogun and Chief Samuel Taiwo Oredein, on or about the 13th day of April, 1971 at Ibadan dishonestly received from one Felix Dumeh, stolen property, to wit five thousand pounds (35,000 pounds) which belonged to the Barlcays Bank Nig. Ltd., Ilorin and which was part of the proceeds of the robbery committed on or about the 13th day of April, 1971 between Ilorin and Bacita in the Kwara Judicial Division, by the said Felix Dumeh and others, knowing the same to be stolen property and that you thereby committed an offence punishable under section 317 of the Penal Code and triable by the High Court.

Count 3

That you Patrick Njovens, Y.L. Bello, Alhaji Amusa Abidogun and Chief Samuel Oredein, sometime in February, 1971 at Ibadan agreed to do an illegal act, to wit to accept a gratification of seven thousand pounds (7,000 pounds) for yourselves in consideration of your concealing the offence of robbery which was to be committed between Ilorin and Bacita in the Kwara Judicial Division by one Felix Dumeh and others and that the same offence was committed in pursuance of the agreement and that you thereby committed an offence punishable under section 97 and section 168 of the Penal Code and triable by the High Court.

Count 4

That on or about the 13th day of April, 1971 between Ilorin and Bacita in the Kwara Judicial Division one Felix Dumeh and three others committed the offence of robbery and that you, Patrick Njovens, Y. L. Bello, Alhaji Amusa Ibidogun and Chief Samuel Taiwo Oredein, later on the same day at Ibadan accepted a gratification namely five thousand pounds (5,000 pounds) for yourselves in consideration of your screening the said Felix Dumeh and others from legal punishment for the said offence of robbery and that you thereby committed an offence punishable under section 168 of the Penal Code and triable by the High Court.

Count 5

That you Patrick Njovens, Y.L. Bello and Alhaji Amusa Abidogun, on or about the 13th day of April, 1971, at Ibadan, being public servants, to wit police officers, directly accepted from one Felix Dumeh and others for yourselves a gratification of five thousand pounds (5,000 pounds) other than lawful remuneration as a reward for forbearing to do an official act to wit arresting the said Felix Dumeh and others for the offence of robbery committed by them on 13th April, 1971 between Ilorin and Bacita in the Kwara Judicial Division and thereby committed an offence punishable under section 115 (ii) of the Penal Code and triable by the High Court.

Count 6

That you, Chief Samuel Taiwo Oredein, on or about the 12th day of April, 1971 at Ibadan directly accepted from one Felix Dumeh and others for yourself and others a gratification of five thousand pounds (5,000 pounds) as a reward for inducing by corrupt means public servants to wit Patrick Njovens, Y. L. Bello and Alhaji Amusa Abidogun, Police Officers, to forbear to do an official act, to wit arresting the said Felix Dumeh and others for the offence of robbery they had committed on 13th April, 1971 between Ilorin and Bacita in the Kwara Judicial Division and thereby committed an offence punishable under section 116 of the Penal Code and triable by the High Court.