Terlumen Giki V. The State (2018)

LAWGLOBAL HUB Lead Judgment Report

AMIRU SANUSI, J.S.C.

This is an appeal against the judgment of the Court of Appeal, Calabar Division (“the lower Court” for short) delivered on the 12th day of February 2014, which affirmed the decision of the High Court of Cross River State, (the trial Court), convicting and sentencing the appellant to death on the offence of armed robbery on 12th day of October 2009, contrary to Section 1 (2) (a) (b) of the Robbery and Firearms (Special Provision) Act, Cap R 11 Laws of Federation of Nigeria 2004.

The facts giving rise to this appeal as could be gleaned from the record of appeal, are simply as follows. On 15th December 2005 one Victor Ogbaji Ogar, a motor cyclist who testified at the trial as PW1, dropped a passenger at the boundary of Benue State and Cross River State and wanted to head to his home town. On his way home, he suddenly reached a road block mounted by armed robbers which comprised the appellant and three other co-accused persons who were masked and armed with guns and dagger. The gang of armed attacked him and robbed him of a sum of N31,700 after tying his hands to the back with rope

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and later forced him to lead them to Osina Wafe Village for another robbery operations.

On getting to that village, the victim shouted for help and his shouts attracted people around, hence the armed robbers took to their heels firing gun shots in the air and the shot hit and injured a girl called Rosemary Omagu who later testified at the trial as PW2. Unfortunately for the appellant, he was caught or arrested by the villagers and was unmasked. Even though one of the robbers by name, Sunday Makai escaped, two other members of the robbery gang namely Mannasseh Jiwunde and Aondowase Sougo were arrested, hence the appellant and the two others arrested were jointly charged, tried together and convicted of offence of armed robbery.

At the trial, the prosecution called three witnesses and tendered ten exhibits, whereas the appellant, as accused person, testified on his own behalf without calling any witness to testify for his defence. In the end the learned trial Judge found the appellant guilty as charged and convicted him of the offence of armed robbery and sentenced him to death. Naturally aggrieved by his conviction and sentence by the trial Court, he

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appealed to the lower Court which dismissed his appeal and affirmed the conviction and sentence in its Judgment delivered on 12th February 2014. Still dissatisfied with the Judgment of the lower Court, the appellant further appealed to this Court.

Parties filed and exchanged briefs of argument in compliance with the rules and practice applicable to this Court. The appellant’s brief of argument settled by one Chenure Godwin Omoaka Esq. was filed on 20th October 2017 but deemed filed on 26th October 2017. The Respondent herein, upon being served with the appellant’s brief of argument filed his brief of argument on 12th September 2014 which was also deemed filed on the same 26/10/2017. In the appellant’s brief of argument, a lone issue was distilled for determination from the grounds of appeal contained in the notice of appeal which reads thus:-

Was the Court below right to affirm the Judgment of the trial Court on the ground that the prosecution proved its case beyond reasonable doubt”

The above lone issue for determination was adopted by the learned counsel for the respondent as the only issue calling for the determination of this appeal

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without more.