Umoh Ekpo V. The State (2018)

LAWGLOBAL HUB Lead Judgment Report

PAUL ADAMU GALINJE, J.S.C.

The appellant was arraigned before the Lagos State High Court on the 15th of May, 2008 charged with armed robbery contrary to Section 402 (2)(a) of the Criminal Code Law Cap.C17 Vol.2 Laws of Lagos State 2003.

The prosecution’s case against the appellant at the trial Court is that on the 5th January, 2006, one miss Ronke Odelana, who testified as PW1 in that Court, and her sister Toyin Odelana were walking towards Idi-Iroko bus stop, Anthony Area of Lagos State at about 6.45a.m when the Appellant and another person, now at large, who were on a motorcycle, accosted them. The Appellant alighted from the motorcycle and pointed an object which PW1 thought at the time to be a gun. The Appellant asked PW1 to handover her bag, wallet and phone. She handed over the items to the appellant who passed them over to the second person. As the appellant was about to mount the motorcycle, PW1 held him and shouted for help. The shout attracted passers-by who came to her help and the appellant was arrested. While this was going on the second person rode off on the motorcycle with the properties belonging to Pw1.

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The Appellant pleaded not guilty to the charge. In order to prove its case, the prosecution called three witnesses and tendered the statement of the Appellant and seven other witnesses as well as a plier. These items were admitted in evidence and marked Exhibits P1-P8 and K respectively. Appellant testified in his defence and called no additional witness.

At the end of the trial, Dada J., in a reserved and considered judgment delivered on the 16th of September, 2010 found the appellant guilty as charged and sentenced him to death by hanging. The Appellant’s appeal to the Court of appeal, Lagos Division was dismissed on the 6th of June, 2014. The instant appeal is against the decision of the Court of appeal. The Appellant’s notice of appeal at pages 217-219 of the record of this appeal, dated and filed on the 4th July, 2014 contains three grounds of appeal. Parties filed and exchanged briefs of argument.

The Appellant’s brief of argument settled by Rotimi Aladesanmi Esq., Learned Counsel for the Appellant is dated 11th December, 2014 and filed on the 12th December, 2014. At page 5 of the said brief one issue is formulated for determination of this appeal as follows:-

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Whether, after a proper and total evaluation of all the evidence on the records, the case against the Appellant could be said to have been proved beyond reasonable doubts.

The Respondents brief of argument settled by Adeniji Kazeem Esq. Learned Attorney-General of Lagos State is dated and filed on the 30th October, 2017. The Learned Attorney-General adopted the only issue formulated by the Learned Appellant’s Counsel.

In arguing the appeal, Learned Counsel for the Appellant submitted that the prosecution failed to prove the case against the Appellant beyond reasonable doubt as required by Law. Learned Counsel predicated his argument upon the following areas:-

1. Contradictory statements of PW1, who was the star witness of the prosecution, at Anthony police station and C.I.D. Yaba as well as her testimony in Court:
2. The first confessional statement said to have been made by the Appellant Exhibit P7 was not tendered through the police officer that recorded it and there is no name of the officer who recorded the statement on the said exhibit.
3. That the anomaly on Exhibit P7 is consistent with the

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Appellant’s testimony that though he made a statement at the Anthony police station, however, PW3 at the State C.I.D. Panti, tore it.

4. That Exhibit P3, the alleged confessional statement made by the Appellant at the State C.I.D. was obtained by PW3 after the torture and intimidation of the Appellant.

That the appellant and his Counsel did not know that they were required to raise objection when Exhibit P3 was tendered at the trial Court.