Sopuruchi Obed V. The State (2014)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

Y. B. NIMPAR, J.C.A. (Delivering The Leading Judgment)

The Appellant along Oto-Bong Sunday were arraigned before Hon. Justice M. A. Dada of the Lagos State High Court and upon trial, the Court in a considered judgment dated 28th day of May, 2009 found them guilty for the offence of conspiracy and armed robbery and convicted them to death. The offences were contrary to section 403(A) and 402 (2) of the Criminal Code Cap (17) Vol. 2 Laws of Lagos State, 2003. The charge read as follows:

STATEMENT OF OFFENCE – 1st count

Conspiracy contrary to Section 403 (A) of the Criminal Code Law Cap 17 Law of Lagos State.

PARTICULARS OF OFFENCE

Sopuruchi Obed (M) and Oto-Bong Sunday Edet (M) on or about the 30th day of September, 2004 at Obele Road, off Malgbon, Lagos in the Lagos Judicial Division conspired to commit a felony to wit: Armed Robbery.

STATEMENT OF OFFENCE 2ND Count:

Armed Robbery contrary to section 402 (2) (a) of the Criminal Code Law CPA C17 Law of Lagos.

PARTICULARS OF OFFENCE

Sopuruchi Obed (M) and Oto-bong Sunday Edet (M) on or about the 30th day of September, 2004 at Obele Road, off Maigbon, Lagos in the Lagos Judicial division while armed with offensive weapons to wit: guns robbed one Praise Lawani of the sum of Fifty Four Thousand Naira, (N54,000.00) a digital Kodak camera worth sixty thousand naira (N60,000.00), a Motorola Handset, two wrist watches valued sixteen Thousand Naira (N16,000.00) two kitchen knives and a cutlass all valued at one Hundred And Thirty Thousand Naira (N130,000.00).

The facts of the case at the trial Court are that the Appellant along one other, Oto-Bong Sunday were charged with Conspiracy and Armed Robbery contrary to section 403 (A) and 402 (2) (a) of the Criminal Code Cap C17, Vol. 2 Laws of Lagos State, 2003. The Appellant and the said Oto-bong were alleged to have robbed one Mrs. Praise Lawani of various items on the 30th September, 2004 at Obele Road, off Maigbon, Lagos while armed with a locally made short gun, a knife and eight cartridges.

The two accused persons pleaded not guilty to the 2 count charge and the matter proceeded to trial with the prosecution calling 2 witnesses and tendered 5 exhibits. The Defendants called 5 witnesses and tendered 8 exhibits.

Thereafter learned counsel for both sides filed and adopted their written addresses. The trial Court upon due consideration found the two defendants guilty. The Appellant dissatisfied with the judgment filed a notice of Appeal dated 26h April 2009 and amended on 15th February, 2013 upon which 4 issues for determination were distilled as follows:

1. Whether the arraignment of the Appellant and consequently the whole trial at the lower Court was not

a nullity?