Solomon Yoosu Gbaji V. The State (2013)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

SAMUEL CHUKWUDUMEBI, OSEJI, J.C.A.: (Delivering the Leading Judgment)

This appeal is against the judgment of the High Court of Justice Benue State, Makurdi Division, delivered by Hon. Justice Tine Tur on the 17th day of June 2010 wherein the appellant was convicted with two other persons for the offence of Criminal Conspiracy and Armed Robbery.

The charge against the appellant and three others as shown at page 71-73 of the record reads thus:-

HEAD ONE

“That you Owoicho Brown Innocent, Christian Igba, Solomon Gbaji Ayoosu and Kingsley Orjime who is now at large on 9/6/2006 at about 7.00pm at P2, 2nd Avenue, Federal housing estate North Bank, Makurdi within the jurisdiction of this Honourable Court conspired to do an illegal act to wit; attack and rob one Barrister Peter S. Abaagu and his family and to rape Miss Mwuese Anshase at the said address making use of guns and other dangerous weapons to prosecute the said agreement and the some was carried out pursuant to your conspiracy. You thereby committed on offence punishable under Section 5 of the Armed Robbery and Firearms (Special Provision) Act and Section 79 of Penal Code Law.

HEAD TWO

That you Owoicho Brown Innocent, Christian Igba, Solomon Gbaji Ayoosu and Kingsley Orjime who is now at large on 9/6/2006 at about 7.00pm at P2, 2nd Avenue,Federal Housing Estate North Bank, Makurdi within the jurisdiction of this Honourable Court did an illegal act to wit; attacked barrister Aboagu and his family at gun point and other dangerous weapons and robbed him of the sum of N50,000.00 and various items including Nokia 9500, Nokia 6600 Nokia 7650 and a Philips Stereo set. You thereby committed an offence punishable under section 1(2)(b) of the robbery and firearms (special provision) Act.

HEAD THREE

That you Christian Igba on 9/6/2006 at about 7.00pm at p2, 2nd Avenue, Federal Housing Estate North Bank, Makurdi in the residence of Barrister Peter S. Aboagu and within the jurisdiction of this Honourable Court had sexual intercourse with Miss Mwuese Anshase against her will by coercing her to act by the use of guns and other dangerous weapons-handled by you and members of your robbery syndicate. You thereby committed an act punishable under section 283 of the Penal Code law of Northern Nigeria applicable to Benue State

The facts are that one Barrister PS Abaagu (PW1) lives with his family at No B2. 2nd Avenue, Federal Housing Authority Estate, North Bank, Makurdi Benue State. On 9-6-2006, he returned home at about 7pm – 8pm where he met his sister inlaw and daughter in the sitting room. He proceeded to his bedroom and settled down to watch the opening ceremony of the world cup match and while doing so he heard a scream from the sitting room and as he opened his bedroom door to know what was happening, he met the appellant standing there with a pistol in his hand. Half of his face was masked with handkerchief and he was wearing a round neck polo shirt.

At the sitting room there were two other men and the one with a rifle used the butt to hit him on the face as he tried to look at him and he fell down. The appellant marched him on the head and told him not to move. By then one of them (2nd accused) was busy raping his sister inlaw. They then led him to his bedroom where he gave them the N50.000 he had at home. They also took his Nokia N9500 communicator, Nokia, 7650 and Nokia 6600. They also took away his Phillips Stereo DVD Player, Seiko wrist watch and a bottle of perfume. Thereafter the robbers herded him, his daughter, sister inlaw and the gateman into the bedroom before they left. He reported the matter to the police that same night. Subsequently, he was invited by the police to identify some recovered stolen items during which he identified his phones and the stereo set. While he was in the office of the commissioner of police, the appellant was brought and he immediately recognized him.

The appellant also started shaking when he saw the PW1. Also, through the calls made with his phone after the robbery, the other accused persons were arrested. The appellant denied the charge at the lower court. He said he had nothing to do with the robbery at the PW1’s house. The Nokia N9500 linked to him was bought from one Kingsley for N35,000 and he paid N9000 deposit he later sold the same phone to Christian Igba (2nd accused) for (N50,000).

At the hearing which commenced in the lower court on 4-7-2007. The prosecution called three witnesses through whom exhibits were tendered and admitted in evidence. The appellant and two others charged with him testified in their own defence but called no witness.

Thereafter, both counsel for the prosecution and the defence in their address made oral submissions to the court. In the judgment delivered on 17-6-2010 the appellant with two others were convicted on counts 1 and 2 for the offence of conspiracy and armed robbery. Aggrieved with the decision of the lower court, the appellant filed a notice of appeal on 5-7-2010.