Osaro Nomayo V. The State (2018)

LAWGLOBAL HUB Lead Judgment Report

MARY UKAEGO PETER-ODILI, J.S.C.

This is an appeal against the judgment of the Court of Appeal, Benin Division or Court below or Lower Court, CORAM: Helen Moronikeji Ogunwumiju, Ayobode Olujimi Lokulo-Sodupe and Tom Shaibu Yakubu JJCA which affirmed the conviction of the appellant by the Edo State High Court.

FACTS BRIEFLY STATED

At the trial four witnesses testified for the prosecution while the appellant testified on his own behalf and called two witnesses.

On 9th March, 2004 at about 9.00pm, PW1 (Bola Akinsanya) was in her restaurant where she sold food. At the material time some of her customers and sales girls were with her. All of a sudden a vehicle stopped in front of her restaurant and three boys and a girl came out and entered her restaurant. PW1 saw a shot gun with one of the boys. The boy with the gun ordered those in the restaurant to lie down and they all obeyed. The robber with the gun, shot three times into the air. One of the robbers walked straight to PW1 and collected the sum of N19,520 from her. The robber also collected the sum of N540 from the sales girl called Kudirat.

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Some of the customers were also robbed. The armed robbers later ran away. The following day at about 6.00am PW1 went to visit and thank her neighbours who assisted her the previous night. On her way she heard shouts of “thief, thief’. She found out that the thief was caught. On getting to the scene, PW1 identified the thief with red cap and shirt he had on when she was robbed and she identified him as one of those who robbed her of her money the previous night,

The appellant was arrested and tried on five count charge of conspiracy and Armed Robbery. The Appellant was found not guilty in counts III to v of the charge as the prosecution did not lead evidence in proof of the counts but was however found guilty on counts 1 and II of the charge. On the 8th day of March, 2018 date of hearing, learned counsel for the appellant, Emmanuel Achukwu Esq. adopted the brief of the appellant filed on 21st May, 2012 and he distilled a sole issue for determination which is thus:-

Whether the Court of Appeal was right in affirming the decision of the trial Court holding that the prosecution did prove the guilt of the appellant beyond reasonable doubt.

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Learned Solicitor General of Edo State, Oluwole O. Iyamu Esq. and counsel for the respondent adopted its brief of argument filed on 22nd October, 2014 and deemed filed on 6th May, 2015. It adopted the single issue for determination formulated by the appellant.

The sole issue is apt in the determination of this appeal and I do not hesitate in utilising it.

SOLE ISSUE

Whether the Court of Appeal was right in affirming the decision of the trial Court holding that the prosecution did prove the guilt of the appellant beyond reasonable doubt.