Victor Essien Victor V. The State (2013)

LAWGLOBAL HUB Lead Judgment Report

S. MUNTAKA-COOMASSIE, J.S.C.

The Appellant and three other persons were arraigned before the High court of Justice, Akwa-Ibom on three (3) count charge of armed robbery contrary to section 1 (2) (a) of the Robbery and Firearms (Special Provisions), Cap 398 Vol. 22 Laws of the Federation. At the hearing the prosecution called four (4) witnesses.Pw1 was one Shedrak Sam. He knew the 1st and 2nd accused persons. On the 22nd day of June, 2001 while he was sleeping he heard a bang on his door, which made him to wake up and put on the light. The time then was 2.30am. He stated that he saw two men and upon demand he gave them N3,500.00. They demanded for more money and he refused. One of them ransacked the room and discovered where he kept some money. It was the 2nd accused person who took the money and handed it over to the 1st accused.

They also took away his luggage bag, radio and adaptor. He recognised the 1st accused very well as he was living very close to his house. The amount the 2nd accused person collected from his room was N71,000.00 after which they left at about 3.15am. When the day broke, the 1st accused was reported to his father and in the course of reporting him he was sighted at a bar, the witness and his neighbour followed him, and the 1st accused sneaked into a toilet. The witness then found the 1st accused lying on the floor of the toilet. He tried to escape but he was arrested and taken to the police station, where he made statement to the police.

Under cross-examination the witness confirmed that he was robbed on 22/6/2001. He admitted making statement to the police. He stated that the 1st accused and himself were neighbours and that he knew him very well. He stated that 1st accused was arrested in a toilet in his father’s compound on 22/6/2001 in company of a policeman. After he was robbed he was locked inside and the thieves went to neighbours room.

Pw2 was one Joseph Benson, a police officer. He knew all the accused persons. On 22/6/2001 he was on morning duty when Pw1 made a complaint at the station that he had arrested one of the thieves who robbed in the early hours of 22/6/2001. He followed him with his team and they met the 1st accused being held at the Pw1’s premises. He arrested him and took his statement. The 1st accused’s statement was admitted in evidence as Exhibit 1. At the scene of the incidence he saw damaged door and window. He could not execute a search warrant on the 1st accused’s father’s house because the father said he was not staying in his house. The 2nd accused person was arrested as mentioned by the 1st accused after which identification parade was conducted on three different occasions.

The 2nd accused person was identified by the Pw1 and neighbours as one of the thieves that robbed him. Thereafter, the 2nd accused made a statement which was admitted as Exhibit 2. It was the 2nd accused that directed him on how he could arrest the remaining accused persons. He directed him to SNOW PEACE HOTEL R. C. C. Road Eket. While in the Hotel, the 2nd accused identified the 4th accused as a member of the gang that robbed the Pw1 on 22/6/2001. He arrested the 4th accused person and he made a statement which was admitted as Exhibit 3. Thereafter the 2nd accused directed him to Idu Road, RCC junction to arrest the 3rd accused person. The 2nd accused took him to a drinking joint where he identified the 3rd accused person as a member of the gang that robbed the Pw1. He was arrested and he made a statement which was admitted as Exhibit 4.

Under cross-examination the witness maintained that with its investigation all the arrested persons participated in the robbery. That all the accused persons communicated to him in English language. The statement of the Pw1 was admitted as Exhibit 5.

Pw3 was Godwin Essien Harrison. He knew the 1st and 2nd accused person. He lives in the same compound with Pw1. On 22/6/2001 at about 3.00 am he had a commotion in his neighbour’s room that is Pw1. Later he heard a bang on his door and he opened and the 2nd accused entered into his room and he demanded for money. He came in with a gun which he pointed at him. The 2nd accused person searched his room and since the electric bulb was on he saw cupboard and broke it and searched it. He also collected his travelling bag. He was searching the bag when the witness heard another bang in one of his neighbours door when he could not find any money he entered his neighbour’s room. When he turned around he saw the 1st accused person who then joined the 2nd accused in his neighbour’s room. The 2nd accused took a pair of cover shoes which he bought for N3, 500.00.

Under cross-examination, he stated that he was not robbed at the same time with Pw1. He heard the commotion in PW1’s room. The witness statement to the police was admitted in evidence as Exhibit 8.

Pw4 was one Enobang Jumbo, a carpenter. On 22/6/2001 he was in his house when, at about 3.00 am, he heard his co-tenant Godwin shouted ‘Jesus’ and after a while he heard his neighbour pleading – “please don’t kill me. I have no money -“. Then at about 3.33am he heard a bang on his door which broke open and somebody entered his room with a gun pointed at him. It was the 1st accused person who pointed the gun at him. He then knelt down then the second person entered and he also pointed a gun at him, the second person is the 2nd accused person. The 1st accused then hit and broke the electricity bulb that was in the room and ordered him to sit on the floor. They searched his room and took one N500.00 from his locker. When they asked for more money he told them he did not have, then the 1st accused took a kitchen knife from his table and attempt to stab him but he held the knife and it injured his right palm.

Under cross-examination, the witness maintained that two people entered his room on the night of the incident. He made a statement to the police which was tendered and admitted as Exhibit 7.

Counsel to both parties addressed the court on “no case submission” which was rejected by the trial court, and the accused persons entered their defence.

The 1st accused person gave evidence as Dw1. He did not know why he was in court. He knows the 3rd accused and he did not know other accused persons. He denied being armed with a gun in company of the other accused persons. He also denied robbing Pw1. The evidence of Pw2 is not correct. He stated that he had quarrel with Pw1 concerning electric cable. He stated that those who arrested him took him to Pw1’s house where he was beaten because he refused to confess that he robbed Pw1. When he was un-conscious, he was then reported to the police. He denied writing any statement i.e. exhibit 1 to the police. The witness completely denied the allegation and stated that on the date in question he was sleeping in his father’s house.

After the closure of the defence case, both parties addressed the court. The trial court in its judgment found the accused persons guilty and convicted them for the offence of armed robbery and they were all sentenced to death by hanging or to face firing squad. At page 113 the record, the trial court concludes thus:-