Stanley Aniete Udo v. The State (2023)

LAWGLOBAL HUB Lead Judgment Report – SUPREME COURT

KUDIRAT MOTONMORI OLATOKUNBO KEKERE-EKUN, JSC (Delivering the leading judgment)

The appellant was charged before the High Court of Cross River State, Calabar Judicial Division on a one count information for armed robbery contrary to section 1(2) (a) of the Robbery & Firearms (Special Provisions) Act, Cap. 398, Vol.2 Laws of the Federation of Nigeria, 1990.

It was alleged that on or about the 17th day of February 2012 at No. 158 MCC road, Effa, Calabar, the appellant, in the company of others who were at large and while armed with matchet and guns, robbed one Angelica Ekpenyong of her Tecno phone, Etisalat customised phone and gold wristwatch.

The appellant pleaded not guilty to the charge. At the trial, the prosecution called three witnesses and tendered the appellant’s extra-judicial statement, which was admitted in evidence and marked exhibit A. The appellant testified in his own defense and did not call any witness.

The brief facts of the case as narrated by PW1 and PW2 are as follows:

At about 1am to 2am in the night of 16/2/2012, PW1 Angelica Ekpenyoung heard a bang at the last room of her boys quarters. She ran to her children’s room and looked through the window. She saw that the door had been broken and heard her tenant screaming “Please don’t kill me, take what you want.” She took the girl who was with her to her own room because she feared they could be raped.

She tried to lock the door but before she could, the robbers had broken her parlour door and came to her room where they also broke the door. She and her girl ran into the toilet and locked the door. The robbers were unable to open it. They eventually ran away when gunshots were heard outside.

Upon emerging from the toilet, she found that her room had been ransacked and they had made away with her valuables, including her phone, wedding ring and other items. She reported the matter to the police the next day. Under cross-examination, she admitted that she did not see any of the robbers since she hid herself and her girl in the toilet.

PW2, Endurance Benedict testified that PW1 is his sister and that he lives with her. On the night in question, he was sleeping in the parlour when he heard a bang on the door. Some boys shouted “open this door!” When he refused to open it, they forced it open.

They demanded for the whereabouts of his in-law, Obong Eduho and he informed them that he had not yet returned. He stated that they began flogging him with a cutlass. They asked him for his phone and money. He told them he did not have a phone. He stated that the appellant removed the money that was left in his pocket. He stated that they broke into his sister’s room and took her jewellery and phones belonging to some of their tenants, which were being charged at their house. He stated that they were armed with cutlasses and guns and were not masked and so he saw their faces clearly.

He stated that there were five of them and that the appellant had a bad eye and a limp. He stated that they left when they heard a gunshot outside. The incident took place on a Thursday. He stated that the appellant came to the street on Saturday to see one of his friends and he identified him and informed PW1. Under cross-examination he stated that he was 14 years old.

In her testimony, PW1 stated that she reported the sighting of the appellant by PW2 to the Police and they came and arrested him.

PW3 was the Investigating Police Officer when the case was transferred to State CID from State Housing Police Station Calabar. The appellant was handed over to him. He rearrested him and obtained his extra-judicial statement, exhibit A, which was admitted without objection. All the witnesses were thoroughly cross-examined by the defence.

The appellant testified as DW1. He denied knowledge of the incident or being a part of the gang. He stated that on the fateful day, he was in his friend’s house at Ikot Effa because he had an accident in November 2011 and his friends told him to come and collect some money. He stated that he took the Police to his friend’s house to confirm his alibi and that the Police arrested him also.