Sunday Okoduwa & Ors V. The State (1988)

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NNAMANI, J.S.C. 

This case was originally fixed for judgment on 10th March, 1988. On that date, it seemed to the Court that it was necessary to take further address by Counsel on the consequential order the Court ought to make in the event of the appeal being allowed.

Further argument was taken on 14th April, 1988. At the end of that argument, and having previously read the record of proceedings, the briefs filed by counsel as well as the earlier addresses of counsel, I allowed the appeal, set aside the judgments of the High Court and the Court of Appeal. I ordered that the Appellants be tried before another Judge of the High Court of Bendel State. I indicated that I would give my reasons for this judgment on 29th April, 1988. I now give my reasons.

In suit No. U/9C.81 at the High Court of Bendel State, UBIAJA Judicial Division, the Appellants, Sunday Okoduwa, Patience Aghamelo, Patrick Ogun, Anthony Ugboke, Augustine Oboh, Anthony Usman Gogo and Kennedy Iyinbor were charged with the following offence:-

“Robbery, punishable under Section 1(2)(a) of the Robbery and Firearms (Special Provisions) Decree, No. 47 of 1970.

Particulars of Offence

Sunday Okoduwa……………………………………

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on or about the 20th day of May, 1980, at Uromi in the Ubiaja Judicial Division robbed one Madam Abiba Yayah of the sum of N9,794.00 cash, coral beads worth N46,000 and Gold Trinkets worth about N7,000 and at the time of the robbery you were armed with offensive weapons to wit guns and axes”

At the trial before Ohiwerei, J. 10 witnesses testified for the prosecution. These included the complainant who testified as P.W.6 and her son who testified as P.W.2. The Accused persons gave evidence and some of them called witnesses. Their defence was mainly alibi. At the close of the trial, the learned trial Judge found 6 accused persons, Appellants herein, guilty and sentenced them to death by the firing squad or hanging. An appeal to the Court of Appeal, Benin Judicial Division, was unsuccessful hence the appeal to this Court. All the Appellants filed grounds of appeal which must have been drawn up with the assistance of Prison Officials. However, on the 23rd October, 1987, learned counsel for the Appellants, Mr. B. Olaogun obtained leave of this Court to file and argue additional grounds of appeal.

Two additional grounds of appeal were filed in favour of 2nd Appellant, 2 in favour of 3rd Appellant, and 3 in favour of all the Appellants. Both Mr. Olaogun, and Mr. Edokpayi, learned counsel to the Respondent filed well written briefs of argument for which I must commend both counsel.

In his brief of argument, learned counsel to the Appellants, Mr. Olaogun, identified 6 issues for determination in this appeal. These were –