Sunday Offor & Anor. V. The State (2012)

LAWGLOBAL HUB Lead Judgment Report

CLARA BATA OGUNBIYI, J.S.C.

The appeal is against the judgment of the Court of Appeal, Abuja Division delivered on the 17th of March 2011 wherein the lower court dismissed the appellants appeal against the judgment of the trial High Court, Kogi State, delivered on the 20th of February, 2006 wherein the appellants were convicted of criminal conspiracy, armed robbery and causing grievous bodily harm under section 97(1), 298(c) and 247 of the Penal Code respectively. (These are all evidenced at pages 107 to 122 of the record of appeal.)

Dissatisfied with the decision, the appellants through separate Notices of Appeal both dated the 11th of April, 2011 and filed on the 14th of April, 2011 appealed against the judgment of the Court of Appeal, Abuja Division. (pages 123-128 and 129-134 of the record of appeal are in reference.)

The judgment at hand would be considering the two appeals together for convenience and also to avoid unnecessary waste of time especially where the proceedings at the trial Court were conducted together and one record of appeal was forwarded to the lower court which also determined the appeal thereon. (The proceedings in respect of the judgment of the lower Court are contained at pages 107 to 122 of the record of appeal as a reference.)

The facts of this case are brief and very straight forward, The appellants were charged before the High Court, Kogi State, holden at Isanlu on three count charges of criminal conspiracy, armed robbery and causing grievous hurt punishable under sections 97(1), 298(c) and 247 of the Penal Code. (The three counts charge at page 2 of the record of appeal are as follows:-)

“1st Head of charge

That you, Sunday Ofor, Anayo Ugbaoja and Chidozie Uwakwe who is still at large, on or about the 23rd day of December, 2003 at Okebukun-Ileteju, Mopa, in Mopamuro Local Government Area of Kogi State within the Kogi State Judicial Division agreed to do some illegal acts to wit: to commit robbery and grievous hurt while armed with a gun and an iron pipe and that the same acts were done in pursuance of the agreement and that you thereby committed an offence punishable under section 97(1) of the Penal code.

2nd Head of charge

That you, Sunday Ofor, Anayo Ugbaoja and one Chidozie Uwakwe who is still at large, on or about 23rd day of December, 2003 at Okebukun-Ileteju, Mopa in Mopamuro Local Government Area of Kogi State within the Kogi State Judicial Division while armed with a gun and an iron pipe robbed Mrs. Alice Jeminiwa and Rev. and Mrs. S. Olu Ezekiel of various amounts of money totaling N29,500.00 and other belonging such as 1 mobile phone (Nokia), hat, shoes, etc and you thereby committed an offence punishable under section 298(c) of the Penal code.

3rd Head of charge

That you, Sunday Ofor, Anayo Ugbaoja and one Chidozie Uwakwe who is still at large, on or about the 23rd day of December 2003 at Okebukun-Ileteju, Mopa in Mopamuro Local Government Area of Kogi State within the Kogi State Judicial Division voluntarily caused grievous hurt to Mrs. Oluremi Ezekiel and thereby committed an offense punishable under section 247 of the Penal Code.”

On the 16th of February, 2006, when the appellants appeared before the learned trial judge, all the three heads of charges were read and explained in detail to the two appellants seriatim in the open court and following which they were asked to plead. Both appellants who spoke English responded that they were guilty thereto. The learned trial judge recorded the Appellants pleas of guilty and the case was then adjourned to the 20th of February, 2006 for continuation of hearing. Pages 20-22 of the record is in reference.

On the said date the 20th of February, 2006 the principal Legal Officer who appeared for the Respondent, one Abdullahi, H.O. Esq. narrated the facts against the Appellants and particularly that they had confessed to the crimes and pleaded guilty to the charges. The prosecuting Counsel then urged the trial Court to invoke its powers under Section 187(2) of the criminal Procedure Code (CPC) to convict the appellants. Thereafter the learned trial judge proceeded to ask each of the appellants seriatim whether the facts as narrated by the prosecutor were true, and each of them responded in the affirmative. Pages 22 – 23 of the record of Appeal are evident.

On the same date the 20th February, 2006 referenced at pages 23 – 27 of the record the trial Court in exercising its discretion under section 187(2) of the Criminal Procedure Code, proceeded and convicted the appellants as charged. In other words, they were accordingly convicted of criminal conspiracy, armed robbery and causing grievous bodily harm under sections 97(1), 298(c) and 247 of the Penal Code respectively, on their pleas of guilty.