Enesi Lukman Abdullahi V The State (2008)

LAWGLOBAL HUB Lead Judgment Report

KATSINA-ALU, JSC

This is an appeal against the judgment of the Court of Appeal, Abuja Division delivered on 16 January 2007. The appellant and five others were the accused persons at the trial court. They were charged before Okene High Court on a two count charge of conspiracy and armed robbery as follows:

“That you Monday Lawal, Abu Osah, Enesi Lukman Abdullahi, Abdulazeez Hassan, Hassan Suberu, and Mohammed Ismaila on or about the 9th and 11th of August 2001 at Paul Nzeni and Benneth Onwugbufors Residence Iruvuchaba Okene in Okene Local Government Area within the Kogi State Judicial Division agreed to an illicit Act, to wit, you agreed to commit armed robbery at the premises of Paul Nzeni and Benneth Onwugbufors residence Iruvucheba Okene and that same act was done in pursuance of the agreement and that you thereby committed the offence of criminal conspiracy punishable under section 97(1) of the Penal Code.

That you, Monday Lawal, Abu Isah, Enesi Lukman Abdullahi, Abdulazeez Hassan, Hassan Suberu, and Mohammed Ismaila on or about the 9th and 11th of August 2001 at Paul Nzeni and Benneth Onwugbufors Residence Iruvucheba Okene in Okene Local Government Area within the Kogi State Judicial Division while armed with guns, machetes and cutlasses attacked one Paul Nzeni and Benneth Onwugbufor and robbed Paul Nzeni of the sum of N52,000.00 in cash and Benneth Onwugbufor the sum of N68,000.00 and you thereby committed the offence of armed robbery punishable under section 298 (c) of the Penal Code.”

The first accused person absconded from prison custody and could not be apprehended to stand trial for the two offences. The two accused who stood trial were Abu Isah and Enesi Lukman Abdullahi (2nd and 3rd accused respectively). They were tried and convicted of the two count charge and were each sentenced to seven years imprisonment on the count of robbery and =N=3,000.00 fine or one year in lieu on the conspiracy count. The sentences of imprisonment were to run concurrently. Their appeals to the Court of Appeal were dismissed, hence the present appeal to this court by Enesi Lukman Abdullahi.

The parties filed their respective brief of argument in this court. The appellant formulated the following lone issue in the appellant’s brief:

“1. Whether from the totality of the evidence adduced at the trial court, the Court of Appeal rightly affirmed that the charges of conspiracy and armed robbery against the Appellant were proved beyond reasonable doubt.

The Respondent in its brief of argument, adopted the sole issue raised by the Appellant.

I think the core issue in this appeal is whether there was a proper identification of the appellant. This issue clearly relates to visual identification of the appellant. It was the case of the prosecution that the appellant and one Abu Isah, who was tried along with him committed three armed robberies against PWI Paul Nzewi and PW 2 Benneth Onwugbufor. It was said that PWI was robbed on 9 August 2001 and 11 August 2001. PW2, it was contended, was robbed on 11 August 2001. All the incidents occurred at night. The case of the prosecution is as told by PWI and PW2, the two victims of the robberies. I think it is vital to relate the whole story as given by these witnesses.

PWI gave evidence and stated as follows:

“On 9/8/2001 about 1.50 a.m. I was sleeping in my room when I heard a knock on my door. I asked who was knocking but there was no response. Instead the door of my room was forced open. I quickly rose-up from my bed as three men, armed, came into my room. The three men were the two accused persons and one other man who is at large now. I grabbed the man who is now at large and he hit my head with the gun he was holding as a result of which I fell down.

The 3rd accused was holding a knife and a stick. He broke the bulb in my room. The accused person who is now at large pulled me up and asked me to take them to where I kept my money. I opened my cupboard which was containing the sum of =N=42,000. The 2nd accused person who was holding a gun picked the money from my cupboard. I was told to lie down which I did. I was lying down when the three armed robbers left.

My daughter by name Uchenna and two of my neighbours by name Achuchukwu and Salihu took me to a clinic where I was treated and discharged. I was able to recognize the accused persons and the other person at large because I saw them clearly before they broke the bulb in my room. At the time they struck the light in my room was on.

On 11/8/2001 about 2.10 a.m. I was sleeping in my room when I heard a knock on my door. Before I could do anything, the door of my room was forced open by the same set of armed robbers, i. e. the two accused persons and the one at large. The 2nd accused person was holding a gun while the 3rd accused person was holding a stick. The one at large was holding a gun. My daughter was shouting for help but there was no help.