Tiemo V. State (2021)

LAWGLOBAL HUB Lead Judgment Report

TANI YUSUF HASSAN, J.C.A.

This is an appeal against the Judgment of the High Court of Bayelsa State sitting at Yenagoa delivered on the 24th day of January, 2017 in Charge No: OHC/3C/2013 by Honourable Justice M.A. Ayemieye.

The Appellant and two other accused persons were arraigned before the High Court of Bayelsa State on two counts charge of Conspiracy and Armed robbery. The two counts charge read:

COUNT ONE

Conspiracy to commit felony contrary to Section 444(a) of Criminal Code Law, Bayelsa State, 2006.

PARTICULARS OF OFFENCE

Timi Okpo, Tombra Tiemo and Oyibo Phillip on the 9th day of December, 2012 at Agobiri Creek in Oporoma Judicial Division of Bayelsa State, conspired together to commit felony to wit: armed robbery.

COUNT TWO

Armed robbery (sea piracy) contrary to Section 329(2) of the Criminal Code Law, Laws of Bayelsa State, 2006.

PARTICULARS OF OFFENCE

Timi Okpo, Tombra Tiemo and Oyibo Phillip on the 9th day of December, 2012 at Agobiri Creek in Oporoma Judicial Division of Bayelsa State, robbed Solomon Eriye of a speed boat and its 75 horse power Yamaha engine, a Samsung phone valued at fifteen thousand Naira (15,000.00) and the sum of N20,000.00, while being armed with a gun.

They pleaded not guilty to the counts of charge. The 2nd accused person before the lower Court, Tombra Tiemo is the Appellant in this appeal.

The Prosecution/Respondent in proof of their case before the lower Court called three witnesses and tendered exhibits, while the Accused/Appellant and co-accuseds testified in their defence. Trial commenced. At the conclusion of trial, the learned trial Judge found the Accused/Appellant and co-accused persons guilty of the offences charged against them and convicted and sentenced them to five years and fifteen years respectively, the sentence to run concurrently.

Aggrieved with the Judgment, the Appellant appealed to this Court, vide an Amended Notice of Appeal filed on the 14th of February, 2020 but deemed properly filed on the 30th of April, 2020. The Amended Notice of Appeal contained six grounds with their particulars.