Emmanuel Ugboji V. The State (2017)

LAWGLOBAL HUB Lead Judgment Report

AMIRU SANUSI, J.S.C.

This appeal is against the Judgment of Court of Appeal, Makurdi Division (the lower Court) delivered on 19th December, 2013 which affirmed the decision of the Benue State High Court (the trial Court) which convicted and sentenced the appellant on the two count charge of conspiracy to commit armed robbery and armed robbery, contrary to Section 5 (a) and Section 1 (2) of the Robbery and. Firearms (Special Provisions) Act Cap 398 Laws of the Federation of Nigeria 1990 respectively.

The facts of the case, as could be gathered, from the printed record are that the present appellant and five others were charged before the trial High Court sitting in Otukpo and tried on five counts of conspiracy to commit series of robberies and armed robbery. At the trial, the prosecution called four witnesses to prove its case against the appellant and other five co-accused persons. After the close of the prosecution case, the defence made a No case Submission. The trial Court in its considered ruling on the No case Submission, ruled in favour of three accused persons. The trial

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Court discharged the appellant on the first count of conspiracy to commit armed robbery. The appellant was thereby called upon to enter his defence on the second count of armed robbery as well as another co-accused named Mathias Garuba Idoko and one other. The trial Court ruled that the appellant and two other co-accused had a case to answer, as prima facie case was made against them on counts 4 and 5. After the conclusion of the trial the appellant was found guilty, convicted and sentenced to death.

Piqued by the decision of the trial Court, the appellant herein, appealed to the Court of Appeal, Makurdi Division (the lower/Court below), as his appeal was dismissed by the lower Court. Still dissatisfied, the appellant appealed to this Court.

Brief of argument were filed and exchanged in compliance with the rules and practice of this Court. The appellant’s brief of argument settled by Oba Maduabuchi Esq. was filed on 17th December 2014. Upon being served with the appellant’s brief of argument, Sir Mathew Ominyi Atubu learned, Deputy Director of Public prosecution, Benue State Ministry of Justice who settled the respondent’s brief of

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argument, filed same on the 13th of June 2016 which was deemed filed on 20th June, 2016.

In the appellant’s brief of argument, two issues were raised for the determination of this appeal which are set out below;-

1. Whether in the circumstances of this case it was proper to convict the appellant to conspiracy (sic) to commit armed robbery proffered against the appellant
2. Whether the prosecution proved the guilt of the appellant beyond reasonable doubt as required by law

On its part, the respondent proposed five issues for the determination of his appeal as reproduced below;

(a) Whether the Attorney General of Benue State has power to prosecute the appellant (Grounds 1, 2, 3 and 4.)

(b) Whether it is right to consider appellants brief and his Reply brief jointly by the lower Court (Ground 5)

(c) Whether the case against the appellant was proved beyond reasonable doubt (Ground 6)