Uchechi Orisa V. The State (2018)

LAWGLOBAL HUB Lead Judgment Report

PAUL ADAMU GALINJE, J.S.C.

The Appellant herein along with two other accused persons were arraigned before the Imo State High Court, on the 16th February, 2005 on a two counts charge of conspiracy to commit armed robbery and armed robbery under Sections 5(b) & 1(2)(a) of the Robbery and Firearms (Special Provisions) Act 1990. In order to prove its case, the prosecution called two witnesses and tendered in evidence the following documents:-

1. The previous evidence of PW1 when she testified as PW2 before another judge in the same case.
2. The extra-judicial statement of PW1 to the police.
3. The 1st statement of the Appellant who was the 1st accused at the trial Court
4. The 3rd statement of the Appellant to the police.
5. The statement of the brother of the Appellant.

These documents were admitted in evidence and marked Exhibits 1, 2, 3, 6, and ID 1 respectively.

The Appellant called his brother, one Augustine Orisa as defence witness (DW1) and he also testified in his defence as DW2. IDI was now tendered through DWI during cross examination and same was admitted

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and marked Exhibit 7. At the close of the parties respective cases, learned counsel for both parties addressed the Court. In a reserved and considered judgment which was delivered on the 14th day of March, 2013, Opara J. found the Appellant and his co-accused guilty of the offence of armed robbery and sentenced each of them to death by hanging.

The Appellant is dissatisfied with the judgment of the trial Court. Being aggrieved, he appealed to the Court of Appeal (Lower Court). In a unanimous judgment of the Lower Court, delivered on the 13th March, 2015, the Appellant’s appeal was dismissed. The instant appeal is against the decision of the Lower Court. The Appellant’s notice of appeal, at pages 248 -252 of the printed record of this appeal, dated 30th day of March, 2015 and filed on the 1st April, 2015 contains four grounds of appeal. Parties filed and exchanged briefs of argument. The Appellant’s brief of argument settled by L. M. Alozie, Esq., of counsel to the Appellant was filed on the 24th July, 2015. At page 5 paragraph 3.00 of the said brief of argument, four issues were formulated for determination of this appeal in the following order:-

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Whether the learned Justices of the Court of Appeal were right in law when they upheld the conviction and sentence of the appellant by the trial Court while the charge of conspiracy and the armed robbery were not proved beyond reasonable doubt.

2. Whether the extra-judicial statement of the PW1 and her evidence in the previous proceedings before Hon. Justice A. U. Amaechi admitted under cross examination before the trial Court cannot in law be used to contradict the said witness.
3. Whether the learned Justices of the Court of Appeal were right in law when they accepted the purported evidence of oral admission of offence by the Appellant to the police and relied on same in upholding the conviction of the Appellant.
4. Whether in the light of the evidence of the prosecution and especially their statements to the police by the PW1, the learned justices of the Court of Appeal were right in holding that the defence of alibi raised by the Appellant which was not investigated by the police did not avail him.The Respondent’s brief of argument settled by Mrs. A. N. Eluwa, learned Solicitor-General of Imo State, who is also the Respondent’s

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counsel was filed on the 24th October, 2016, but deemed filed on the 8th December, 2016. Learned Solicitor-General formulated three issues for determination of this appeal as follow:-

1. Whether on the totality of the evidence-adduced before the Court, the learned Justices of the Court of Appeal were right in holding that the prosecution proved the charge of armed robbery against the Appellant beyond reasonable doubt warranting this conviction.
2. Whether having expunged Exhibit 5, the Learned Justices of the Court of Appeal were justified in holding that there was sufficient evidence to sustain the finding of guilt.
3. Whether the Learned Justices of the Court of Appeal duly considered and rightly rejected the Appellant’s defence of alibi.

Appellant’s reply on point of law is dated and filed on the 5th of December, 2016, but deemed filed on the 8th December, 2016.

The issues raised by parties are similar as they deal with assessment of evidence and ascription of probative value to such evidence. I have read the record of appeal and the briefs of argument submitted by parties and I am of the firm view that the only issue calling for

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