Martin Egbufor V The State (2018)

LAWGLOBAL HUB Lead Judgment Report

KUDIRAT MOTONMORI OLATOKUNBO KEKERE-EKUN, JSC

The appellant and one other were charged before the High Court of Imo State, sitting at Owerri on a single count of armed robbery contrary to Section 1(2) (b) of the Robbery and Firearms (Special Provisions) Act Cap R.11 Vol. 14, Laws of the Federation of Nigeria, 2004. It was alleged that on the 23rd of December, 2005 at No.11 Etiti Street, Aladinma, Owerri in the Owerri Judicial Division, the appellant and one Onuwa Kalu, while armed with an iron rod and a gun, robbed one Mrs Keke Una Chinwe of the sum of N200,000.00, one Motorola Razor handset valued at N7,000.00 and two gold and silver rings valued at N5,000.00.

Both accused persons pleaded not guilty to the charge. The prosecution called three witnesses and

tendered six exhibits. The accused persons testified in their own defence and called four other witnesses. At the conclusion of the trial, the accused persons were found guilty as charged and sentenced to death by hanging.

The appellant, who was the 2nd accused at the trial court, appealed against his conviction and sentence to the court below. In a considered judgment delivered on 21st March, 2013, the appeal was dismissed. His conviction and sentence were affirmed. Still dissatisfied, the appellant has further appealed to this court.

With the leave of this court, he filed an Amended Notice of Appeal containing 19 grounds of appeal. It was deemed filed on 4/10/18. In his Amended Appellant’s brief, also deemed filed on 4/10/18, four issues were distilled for the determination of the appeal as follows:

“ISSUE 1

Whether the Appellant was duly and properly identified from the evidence on record adduced by the prosecution as one of the robbers that invaded No. 11 Etiti Street Aladinma Housing Estate Owerri on the 23/12/2005 (Grounds 1, 10, 11, 12, 13, 14, 17,18, and 19)

Issue 2

Whether from the evidence on record adduced by the prosecution, did (sic) the P.W. 1 name the Appellant at the earliest opportunity as one of the robbers that invaded No. 11 Etiti Street Aladinma Housing Estate Owerri on the 23/12/2005 (Grounds 2, 4, 7, 8)

Issue 3

Whether considering the material contradictions in the case of the prosecution, was (sic) the lower court right in holding that the prosecution has proved the case against the Appellant beyond reasonable doubt (Grounds 5, 6, 9,16)

Issue 4

Whether the lower court was right in rejecting the Appellant’s Alibi (Ground 15).”