Emmanuel Eke V The State (2011)

LAWGLOBAL HUB Lead Judgment Report

A. FABIYI. J.S.C

This is an appeal against the judgment of the Court

of Appeal, Kaduna Division (‘the court below’ for short) delivered on 15th December, 2009. Therein, the court

below affirmed the decision of the Kaduna State Armed Robbery and Fire Arms Tribunal which was delivered on

24th October, 1997.

The appellant was arraigned before the above stated Tribunal on a single charge which reads as follows:-

“That you EMMANUEL EKE and one other (at large) on or about the 10th day of February, 1995 at Kurmin Iya

Village, Kaduna State, committed armed robbery to wit robbed (sic) one Mrs. Talatu Silas and Felicia Moses of cabout (sic) the sum of Five Thousand, Nine Hundred and Seventy Naira (=N=5,970.00) at gun point (i.e. by

pointing gun at them) and thereby committed an offence of armed robbery contrary to section 1 (2) (a) of the Robbery and Firearms (Special Provisions) Act CAP 398, Laws of the Federation of Nigeria 1990 and triable by the Robbery and Firearms Tribunal of Kaduna State.”

The appellant pleaded not guilty to the above charge read to him on 27th June, 1996- To prove its case, the prosecution called five witnesses and tendered five exhibits. The appellant thereafter testified in his defence in

a bid to extricate himself:

In its judgment handed out on 24th October, 1997, the Tribunal convicted the appellant for the offence of robbery simpliciter instead of the offence of armed robbery for which he was arraigned and sentenced him to twenty one (21) years imprisonment. The appellant appealed to the court below which dismissed the appeal and affirmed the judgment of the Tribunal on 15th December, 2009.

In the exercise of his constitutional right, the appellant has further appealed to this court. He formulated two issues from the three grounds of appeal contained in his Notice of Appeal filed on

22nd December, 2009. The said two issues contained on page 5 of the appellant’s brief of argument filed on 18th January, 2010 read as follows: