Sampson Ebenehi V. The State (2009)

LAWGLOBAL HUB Lead Judgment Report

J.O. OGEBE, J.S.C 

The High Court of Justice Anyigba in Kogi State tried the two appellants for the offences of conspiracy, mischief and robbery under the relevant sections of the penal code and convicted them on the 4th of June, 2004. They were sentenced to various terms of imprisonment and fines.

They were dissatisfied with the judgment of the trial court and appealed to the Court of Appeal Abuja division and their appeals were dismissed. This is a further appeal to the Supreme Court.

The learned counsel for the 1st appellant filed a brief on his behalf and distilled two issues for determination as follows:

“1. Can it be said that from the evidence on record there are sufficient circumstantial evidence to pin the 1st appellant to the incident and the scene of crime.

2. Was the defence of alibi raised by the 1st appellant properly considered”

The learned Attorney-General of Kogi State filed a brief on behalf of the respondent in answer to the 1st appellant’s brief. He formulated three issues for determination as follows:

“(1) Whether the lower court properly rejected exhibit P5 the confessional statement of the 1st appellant.

(2) Whether the defence of alibi raised by the 1st appellant was properly dismissed by the lower court.

(3) Whether the prosecution has proved the charges against the 1st appellant beyond reasonable doubt to warrant his conviction and sentence being affirmed by the lower court.”

A brief was also filed on behalf of the 2nd appellant raising the following three issues:

(1) Whether the learned Justices of the lower court were right in upholding the decision of the trial judge in rejecting the defence of alibi raised by the 2nd appellant.

(2) Whether the learned Justices of the lower court were right in holding that there was circumstantial evidence linking the 2nd appellant to the commission of the crime.

(3) Having regard to the totality of evidence of Pw2, Pw3 and Pw4 and having expunged the confessional statement of the 2nd appellant, whether the learned Justices of the lower court were right in upholding the conviction of the 2nd appellant.”

The learned Attorney-General of Kogi State, Joe Abraham Esq. filed a brief on behalf of the respondent in answer to the 2nd appellant’s brief and raised the following three issues: