Paul Epete V. The State (2016)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

MISITURA OMODERE BOLAJI-YUSUFF, J.C.A. (Delivering the Leading Judgment)

The appellant in this appeal was one of the 4 persons charged before the High Court of Ebonyi State in charge No. HAB/17C/2010 for an offence of armed robbery contrary to and punishable under Section 1 (2) (a) and (b) of the Robbery and Firearms (Special Provisions) Act, Cap R11 Volume 14, Laws of the Federation of Nigeria, 2004. They were accused of robbing one Stephen Epete Egbedike of Yamaha CY 80 motor cycle and one Samba generating machine set valued. The said Stephen Epete Egbedike was found dead at the scene of the robbery.

?Before the commencement of trial, Simeon Nwodom, the 4th accused died and his name was struck out of the charge. The prosecution called 4 witnesses to prove their case and each of the remaining accused persons testified in his own defence. In a considered judgment delivered by Hon. Justice P. O. Elechi on 22/3/2013, the accused persons including the appellant herein were found guilty as charged and sentenced to death. The appellant who was the 1st accused at the Court below is aggrieved by the judgment and has appealed to this

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Court vide an amended notice of appeal filed on 11/2/2016 pursuant to the order of this Court made on 8/2/2016 containing five grounds of appeal.

The appellant’s brief of argument was filed on 14/8/2015. The respondents’ brief of argument was filed on 25/1/2016. Both briefs of argument were deemed as properly filed 0n 8/2/2016. Counsel to both parties adopted their respective brief of argument.

The appellant’s counsel submitted the following issues for determination:

(1) Whether the Court below was not in error when it held that the ingredients of armed robbery had been proved beyond reasonable doubt against the appellant.

(2) Whether the Court below was not in error when it held that the appellant’s defence of alibi was not timeously raised and therefore rejected it.

(3) Whether the alleged confessional statements of the 2nd accused, Obinna Ukpamazi (Appellant in CA/E/307C/2015), relied upon by the learned trial judge to convict the appellant of the offences of robbery and murder, were validly admitted in evidence.

(4) Whether the Court below was not in error when it relied on the alleged extra judicial statements of

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the 2nd accused to convict the appellant of the offences of robbery and murder, in the absence of any other incriminating piece of evidence and despite the fact that the alleged statements were not adopted by the appellant.”

The respondent’s counsel submitted the following issues for determination :