Prince Emeka V. The State (2013)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

HELEN MORONKEJI OGUNWUMIJU, J.C.A (Delivering the Leading Judgment)

This is an appeal against the conviction of the Appellant by his Lordship the Hon. Justice J. Aigbuloko Oyakhirome J. sitting at High Court Benin City on the 23rd day of April, 2010 in charge No. B/2C/2008, for the offence of Armed Robbery. Being dissatisfied with his sentence and conviction, the appellant who was the only accused person during the trial of the charge at the High Court on the 6th day of September, 2010 filed an appeal seeking his discharge and acquittal.

The facts which led to this appeal are as follows:

The case of the prosecution is that PW1, one Mill Ada Mokobia testified that she lives and sells cooked food at No.34 Zabayo Street Benin City and that she has a motorcycle rider who buys meat for her every morning for her commercial cooking business and that whenever the bike man comes she gives him N1,500.00 for purchase of meat.

That on the 30th day of June 2006 at about 5.55 a.m. she was inside her room washing rice to be cooked that morning when she noticed the accused person in front of her store and that she ignored him as she thought he was waiting for something. She also stated that as she was washing her rice the accused came to her in her store, put a gun to her head and the other hand to her throat and demanded for money and her handset.

She also told the court that the accused person on sighting the flashing light from her handset pushed her, picked up the Samsung handset and the sum of N10,000 she left on the table. She testified that she ran outside and started to shout “thief, thief, help, help” and people came out, pursued the accused, caught him and took him to Aideyan police station, Benin City. Following the armed robbery attack on the PW1 the accused was arrested by some people and taken to Aideyan police station, Benin City for investigation.

The appellant was later arraigned in charge No. B/2C/2008 at the High Court of Justice Edo State Holden at Benin City on the 9th day of June, 2008 on a two count charge of conspiracy to commit armed robbery and armed robbery contrary to S.5 (b) and Arms (Special Provision) Act, Cap 398 of the 1990 Laws of the Federation of Nigeria.

The first count of conspiracy was later withdrawn and struck out by the trial court.

In proof of its case, the prosecution called three (3) witnesses and tendered five exhibits. The appellant testified on his own behalf and called no witness.

At the close of trial and in the judgment delivered on the 23rd day of April, 2010 the trial judge convicted the accused person on the one count charge of armed robbery and sentenced him to death by hanging.

Being dissatisfied with the judgment, the appellant has appealed to this Honourable Court.

The appellant’s counsel in the brief settled by E.O. Achukwu Esq. and filed on 25/11/2010 identified 2 issues for determination set out as follows:

1. Whether the prosecution proved the guilt of the appellant beyond reasonable doubt.
2. Whether the confessional statement is admissible against the appellant.

ISSUE ONE

Learned Appellant’s counsel submitted that before an accused person will be convicted for an offence of armed robbery the prosecution must prove the following ingredients.