Obinna John V. The State (2019)

LAWGLOBAL HUB Lead Judgment Report

CHIMA CENTUS NWEZE, J.S.C.

At the High Court of Justice, Plateau State of Nigeria, the appellant, (as accused person), was charged with the offence of Armed Robbery contrary to, and punishable under, Section 1 (2) (a) of the Robbery and Firearms Act, Cap 398, Laws of the Federation of Nigeria, 1990.

At the trial of the case, the appellant pleaded not guilty to the Charge. The Prosecution called three witnesses, PW1, PW2 and PW3. Exhibits 1, 2 and 3 were tendered. On his part, the appellant testified as the sole witness. He tendered two exhibits, exhibits 4 and 5.

Persuaded by the Prosecution’s case, the trial Court, on June 21, 2012, convicted the appellant as charged. The Court sentenced him to death by hanging. Having lost his appeal at the Court of Appeal, Jos Division, he has, further, appealed to this Court. He formulated five issues for the determination of his appeal by this Court. On its part, the respondent condensed the issues to three. On my part, I take the view that only the respondent’s first issue is determinative of this appeal. It was framed thus:

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Whether the trial, conviction and sentence passed on the appellant are a nullity in view of the signing of the charge dated 23rd day of October, 2008, for and on behalf of Mrs G. E. Dashe of the Plateau State Ministry of Justice

Before dealing with this issue, a re-statement of the factual background of this case may not be out of place.

FACTUAL BACKGROUND

The Prosecution’s case, which the trial Court believed, and was affirmed by the lower Court, was that the appellant, while armed with a gun, in the company of one John (now at large), robbed one Dorcas Olaniyi, the PW1, on November 18, 2005, of the sum of One Thousand, Seven Hundred and Five Naira (N1, 705, 00) and two rolls of Peak Milk.

On the fateful day, he (the appellant) went to the victim’s shop parading himself as a customer. Samuel, PW2, the victim’s son, went to attend to his demand. The appellant gave the sum of One Hundred Naira to Samuel. As he, Samuel, the PW2, gave him, (the appellant), the tom-tom he asked for and turned to look for the sum of N80.00 for the appellant, the latter pulled a gun and pointed at PW2.

Perceiving danger, PW1, Samuels mother, Dorcas Olaniyi,

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who was lying down in the shop, screamed. The appellant threatened to kill both of them if she, the PW1, did not keep quiet. Having ordered PW1 and PW2 to lie down, the appellant, went away with the money they made for that day and two rolls of Peak Milk.

PW2 jumped up and ran after him, the appellant, together with the other person, John (still at large). John, who was outside diverting customers away from the shop, ran with the appellant. With the assistance of neighbours, PW2 caught the appellant. John, however escaped.