Chukwuka Ogudo V. The State (2011)

LAWGLOBAL HUB Lead Judgment Report

BODE RHODES-VIVOUR, J.S.C.

The appellant was one of two accused persons charged and arraigned before the Kaduna High Court of Kaduna State on two counts which read:

Count 1

That you, Bright Chibuike and Chukwuka Ogudo, on or about the 16th day of April, 2001, at Buruku Forest along, the Kaduna – Lagos road, conspired to do an illegal act to wit, to block the road and rob passers-by of their properties and by so doing, you committed the offence of criminal conspiracy, punishable under Section 97 of the Penal Code Law, Laws of Kaduna State 1991.

Count 2

That you, Bright Chibuike and Chukwuka Ogudo, on or about the 16th day of April, 2001, at Kaduna Lagos Road, by Buruku Forest, blocked the road with woods, stones and robbed passengers in a commercial bus of their money, and by so doing, committed the offence of Armed Robbery, punishable under section 1(a) (b) of the Robbery and Firearms (Special Provisions) Act Cap 398 LFN 1990.

The appellant and Bright Chibuike entered not guilty pleas.

These were the facts.

There was an Armed Robbery incident on the Bukuru, Kaduna Road, on the 16th of April, 2001. The Police arrested the appellant and Bright Chibuike, and detained them as suspects at the Birnin Gwari Police Station Bukuru. The appellant made a statement at the Bukuru Police Station, but this statement was not produced in Court at trial, thereafter, the appellant and Bright Chibuike were taken to the State C.I.D Kaduna. There, the appellant made a statement, Exhibit 1, which according to the prosecution was a confessional statement. The appellant denied making and signing Exhibit 1. Three alleged victims of the Armed Robbery made statements, to the Police, but their statements were not tendered at trial and they never came to Court to give evidence.

Notwithstanding the paucity of evidence, the learned trial Judge found as a fact that, Exhibit 1 is a confessional statement and convicted the appellant on both counts, to five years on count one and death by hanging on count two. Bright Chibuike was similarly convicted. Two witnesses, Policemen attached to the Kaduna Police Station gave evidence for the prosecution.

Their evidence had to do with recording the statements of the accused persons and visiting the scene of crime. Dissatisfied with their convictions, the appellant and Bright Chibuike brought an appeal before the Court of Appeal Kaduna (hereinafter referred to as the Court below) and that Court in a unanimous judgment delivered on the 29th day of June, 2010, dismissed the appeal.

The appellant alone has come before this Court on a further appeal. In accordance with Rules of this Court, briefs of argument were filed and exchanged. The appellant’s amended brief was deemed duly filed on the 26th of May, 2011, while the respondent’s amended brief was filed on the 17th of June, 2011.

From the appellant’s grounds of appeal, two issues were distilled for determination. They are:

1. Whether having regards to the totality of the evidence adduced and the entire circumstances of this case, particularly the burden and standard of proof required in proving a criminal allegation, the lower Court was right, in affirming the decision of the trial Court; wherein the appellant was found guilty and convicted for the offence of Armed Robbery.
2. Whether the Court below complied with the requirement of the Law and thus, correctly affirmed the trial, conviction and sentence of the appellant by the trial Court; considering that it was upon a charge that was void and incompetent.

The respondent on his part formulated three issues for determination.