Samson Eze V. The State (2016)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

HAMMA AKAWU BARKA, J.C.A.(Delivering the Leading Judgment)

This is an appeal against the judgment of the Edo State High Court of Justice sitting in Benin City in Charge No. BA/46C/07; delivered on the 3/2/12 wherein the appellant, was convicted and sentenced to death by hanging. It should be noted that Appellant and two others were charged as follows:

?Count I:

That you Samson Eze, Omoh Adams and Osamuyi Obazee on or about the 21st day of March, 2006 along Ugbague Junction, Benin City in the Benin Judicial Division conspired 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 No. 6, Cap 398 Laws of the Federation of Nigeria, 1990.

Count II:

That you Samson Eze, Omoh Adams and Osamuyi Obazee on or about the 21st day of March, 2006 along Ugbague Junction, Benin City in the Benin Judicial Division robbed one Pastor Nath Onokala of his NEC Camera handset, at the time of the robbery you were armed with offensive weapon to wit: Star beer bottle and thereby committed an offence punishable under Section 1(2)

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(a) of the Robbery and Firearms (Special Provisions) Act No. 6 Cap 398 Laws of the Federation of Nigeria, 1990.

On the first day of November, 2007 when the two count charge was read to the appellant and his two co-accused each of the accused persons pleaded not guilty. The brief facts germane to this appeal are as follows:

The Appellant and others were alleged to have on the 21st of March, 2006 robed one Pastor Nath Onokala of his NEC camera handset while armed with an offensive weapon to wit a star beer bottled. As narrated by PW1 Mrs Doris Nath, the wife of the victim of the offence, the offence took place along Ugbague junction in Benin City around 7 pm in a dark quite area along forestry road. She states that as they were approaching Ugbague junction on a motorcycle with her husband, the appellant and another attacked them, and took away her husband?s NEC handset while armed with a beer bottle.

The Appellant was subsequently arrested by the Police, where he was alleged to have confessed to the crime and further led the Police to the 3rd accused person, where the stolen NEC camera handset was recovered.

?

At his trial, the Appellant

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