Sunday Ehimiyein V. The State (2013)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

SIDI DAUDA BAGE, J.C.A (Delivering the Leading Judgment)

This is an appeal against the conviction of the Appellant by his Lordship M.I. Edokpaiyi J. (as he then was) sitting at High Court No. 3 Benin City on the 26th day of September 2005 in Charge No. B/48C/2000. The State V. Sunday Ehimiyein and Another for the offence of Armed Robbery.

The Appellant who was the 1st accused person in the charge. At the conclusion of the case the learned trial Judge delivered Judgment on the 26/09/2005 convicted the 1st and 2nd accused person as charged and sentenced them to death by hanging. Being dissatisfied with his sentence and conviction, the Appellant who was the 1st accused person during the trial of the charge in the High Court filed this appeal which is contained at page 152 of the records, seeking a discharge and acquittal.

The Appellant was arraigned as the 1st accused person in Charge No. B/48C/2000 along with the 2nd accused person at the High Court of Justice Edo State Holden at Benin on the 10/12/2000 on a two count charge of conspiracy to commit armed robbery contrary to Section 5 (b) and punishable under Section 1(2)(a) of the Robbery and Fire Arms (Special Provision) Act Cap 398 of the 1990 Laws of the Federation of Nigeria.

Subsequently the Appellant was charged as the 1st accused on information laid in the Robbery and Fire Arms Tribunal Holden at Benin by the Attorney-General of Edo State along with another in Charge No. B/48C/2000 in the case. The State V. Sunday Ehimiyein and Another conducted by his Lordship M.I. Edokpayi J. (as he then was). The charge at the lower court as contained at page 22 of the Record of Appeal reads as follows:

“COUNT 1: That you Sunday Ehimiyein (m) and Folorunsho Alufohai (m) on or the 5th day of January, 1998 at Oluku town in the Iguobazuwa Judicial Division triable in the Benin Judicial Division conspired with one other now at large to commit felony to wit: armed robbery and thereby committed an offence contrary to Section 5 (b) and punishable under Section 1 (2) (a) of the Robbery and Firearms (Special Provisions) Act Cap 398 of 1990 Laws of the Federation of Nigeria.

COUNT II: That you Sunday Ehimiyien (m) and Folorunsho Alufohai (m) and one other now at large on the 5th day of January, 1998 at Oluku town in the Iguobazuwa Judicial Division tirable (sic) in the Benin Judicial Division robbed one Raphael Addi (m) of his Video Machine, one Video Rewinder and one 14′ Colour Television and at the time of robbery, you were armed with offensive weapon to wit: gun, cutlass and acid and thereby committed an offence punishable under Section 1(2)(a) of the Robbery and Firearms (special Provisions) Act Cap 398 of 1990 Laws of the Federation of Nigeria.

Briefly the prosecution’s case at the High Court was that PW1 one Ige Aggi testified that she lived at Oluku Junction, Benin City and that she is a trader.

“2.01. The case of the prosecution is that PW1 one Ige Aggi testified that she lived at Oluku Junction, Benin City and that she is a trader. That on 5/01/98 she was at home at night when she heard gun shots. That some armed robber used hard objects and broke the door at the back of their house and entered their house, that the armed robbers stole their TV set, video set and video rewinder of his father one Raphael Aggi. That during the course of the robbery the robbers poured acid on her and that the robbers who were 3 in number after the robbery ran pass her through the back door of their house. PW1 also stated that one of the robbers carried her father’s video set and another one carried her father’s coloured television set and a rewinder.

2.02. Following the armed robbery attack on them PW1’s father Raphael Aggi went to the Ekiadolor Police Station to report and that when her father went to the station to make a report he met the 1st Appellant there and told the Police that he was one of the people who came to his house to rob him at night.

2.03. The 1st Appellant was arrested at his house on the 5/01/98 and brought to the Ekiadolor Police Station on the allegation that he burgled some one’s house. The case was initially investigated by the police at Ekiadolor before it was transferred to State CID Benin who finally arraigned the 1st Appellant and another accused person at the Magistrate Court from where they were remanded in prison Custody before being charged on information to the Armed Robbery and Fire Arms Tribunal Benin where it was tried and concluded.”

From the Amended Notice of Appeal dated and filed the 29/10/12 containing four (4) Grounds of Appeal, the Appellant distilled the following two (2) issues for determination namely:

(1) Whether the prosecution proved the guilt of the Appellant beyond reasonable doubt.

(2) Whether the confessional statements is admissible against the Appellant.