Saviour Effiong V. The State In The Court Of Appeal Of Nigeria (2016)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

IBRAHIM MOHAMMED MUSA SAULAWA, J.C.A. (Delivering the Leading Judgment)

The instant appeal is against the judgment of the High Court of Cross River State, holden at Calabar Judicial Division, delivered on March 19, 2014 in charge No. HC/93C/2011. By the said judgment, the Court below, corum B.T. Ebuta, J; convicted the Appellant for the offence of robbery and thereby sentenced him to 21 years imprisonment with hard labour. Dissatisfied with the said conviction and sentence passed thereupon, the Appellant deemed it expedient to file the notice of appeal thereof on April 9, 2014, in the Court below.

BACKGROUND FACTS:

The facts and circumstances surrounding the appeal are gleanable from the record of appeal, evidently transmitted to this Court on April 24, 2014. Indeed, it is gleanable from the record that the Appellant was first arraigned before the Court below on May 30, 2013. Most particularly, page 22 of the said record is to the effect that the Appellant appeared before the said Court and was charged thus:

Accused person present.

Rufina Asuquo Sc.II, for the State.

Chief E, E. Ndiyo for the Accused person, with

Cyril Edet Esq, and Eyo Edem Duke.

PLEA: Charge is read to the Accused person who says he understands same. He pleads not guilty, See page 12, lines 8 – 12, of the Record of Appeal.

After recording the plea of the Appellant, the Court below simultaneously proceeded with the hearing of the first prosecution witness (PW1). The PW1 was cross-examined by the defence on July 10, 2013. The prosecution closed its case same day. The Appellant testified in his own defence on October 10, 2013 and was duly cross examined by the prosecution on October 22. Counsel filed and adopted their respective written addresses on February 13, 2014, thus resulting in adjourning the case for delivery of judgment. The judgment was delivered on the said March 19, 2014, to the following conclusive effect:

It is therefore my view and I so hold that prosecution has proved that the charge for robbery under Section 1(1) of the Robbery and Firearms (Special Provision) Act and I so hold…

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For the reasons stated herein though the accused is charged under Section (2)(a) of the Robbery and Firearms (Special Provisions) Act I shall proceed to find him guilty on the lesser

offence of robbery simplicities on the ground that the use of offensive weapon was not proved. I so hold.