Charles Kingsley Joe Isong V. The State (2016)

LAWGLOBAL HUB Lead Judgment Report

SULEIMAN GALADIMA, J.S.C.

This appeal is against the judgment of the Court of Appeal Calabar Division, delivered on Thursday, the 25th day of August, 2011. The Court affirmed the conviction and sentence of the Appellant herein, who was arraigned along with three other persons by the Akwa Ibom State High Court sitting at Eket, on 3 count charge of armed robbery, on the 27th day of July, 2006.

The background facts which give rise to this appeal can be summarized as follows: The Appellant was arraigned and charged along with three others, namely Victor Essien Victor, Ukeme Sunday Usen and Monday Akpan Sunday, before the Akwa Ibom State High Court on three-count charge of armed robbery contrary to Section 1 (2) (a) of the Robbery and Fire Arms (Special Provisions) Act Cap.398, Vol.22, Laws of the Federation of Nigeria, 1990.

The case for the prosecution was that on or about the 22nd day of June 2001, the Appellant herein and his gang, armed with offensive weapons robbed the residents of the premises situate at No.1 Bassey Ekanem Street, Eket, Akwa Ibom State and dispossessed the residents

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therein of the various properties and sums of money. The prosecution in proof of its case called five witnesses, while the Appellant and his co-accused testified in their own defence.

The case for the Appellant, who denied the three-count charge, was that he was neither at the scene of the robbery let alone committed the offence alleged. He was dissatisfied with the testimony of PW3 who never stated in his two statements to the police that he identified him (the Appellant) but came with the evidence for the Respondent at the trial. The Appellant also denied making any voluntary confessional statement, as it was obtained after he was tortured, mercilessly beaten, and shot on his legs.

However at the conclusion of the trial the learned trial judge in his judgment delivered on 27th day of July, 2006 held that the prosecutor had proved its case beyond reasonable doubt and there after convicted and sentenced the Appellant and the 1st accused person, but acquitted the 3rd and 4th accused persons.

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Dissatisfied with the judgment of the trial Court, the Appellant appealed to the Court of Appeal. The Court in a majority decision of 2 – 1, delivered on the

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25th day of August, 2011 dismissed the appeal of the Appellant and affirmed his conviction and sentence by the trial Court.

Aggrieved by the decision of the Court below, Appellant has further appealed to this Court filing his notice of appeal on the 23rd day of January, 2012 which contained three grounds of appeal.

From the grounds of appeal A. A. ADEDEJI of Counsel who settled the brief on behalf of the Appellant formulated two issues for determination as follows:

“(a).Whether the Justices of the Court of Appeal were right in law to have relied on the confessional statement of the Appellant in affirming his conviction and sentence by the trial Court when same was never admitted to test as required by law Ground one.

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