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Before Their Lordships
OLABODE RHODES-VIVOUR Justice of The Supreme Court of Nigeria
MARY UKAEGO PETER-ODILI Justice of The Supreme Court of Nigeria
CLARA BATA OGUNBIYI Justice of The Supreme Court of Nigeria
AMIRU SANUSI Justice of The Supreme Court of Nigeria
SIDI DAUDA BAGE Justice of The Supreme Court of Nigeria
MARY UKAEGO PETER-ODILI Justice of The Supreme Court of Nigeria
CLARA BATA OGUNBIYI Justice of The Supreme Court of Nigeria
AMIRU SANUSI Justice of The Supreme Court of Nigeria
SIDI DAUDA BAGE Justice of The Supreme Court of Nigeria
Between
RAPHAEL EWUGBA – Appellant
AND
THE STATE – Respondent
…………………….A…………………….
OLABODE RHODES-VIVOUR, J.S.C. (Delivering the Leading Judgment): This is an appeal from the judgment of the Court of Appeal, (Benin Judicial Division) which affirmed the decision of a Delta State High Court on 27 May 2015 wherein the appellant as the 2nd accused person and his co-accused person were found guilty of the offences of conspiracy to commit kidnapping, kidnapping and armed robbery.
Trial got underway on 31 July, 2012 after the appellant entered a plea of not guilty to a three count charge which reads:
COUNT 1
STATEMENT OF OFFENCE
Conspiracy to commit a felony to wit: Kidnapping punishable under Section 516 of the Criminal Code Law, Cap C 21 Vol. 1, Laws of Delta State of Nigeria 2006.
PARTICULARS OF OFFENCE:
Saidu Haruna (M), and Raphael Egwuba (M) on or about the 26 of December 2011 at Effurun, within the Effirun Judicial Division, conspired with others now at large to commit a felony to wit: Kidnapping.
COUNT 2
STATEMENT OF OFFENCE
Kidnapping punishable under Section 354(2) of the Criminal Code Law, Cap. C 21 Vol.1, Laws of Delta State of Nigeria 2006.
PARTICULARS OF OFFENCE
Saidu Haruna (M), and Raphael Egwuba (M) on or about the 26 of December, 2011 at Effurun within the Effurun Judicial Division, unlawfully imprisoned one Onoriode Yvonne Asheshe (f) against her will.
COUNT 3
STATEMENT OF OFFENCE
Armed Robbery punishable under Section 1(2) (a) of the Robbery and Firearms (Special Provisions) Act Cap. R 11 Vol.4, Laws of the Federation of Nigeria, 2004.
PARTICULARS OF OFFENCE
Saidu Haruna (M), and Raphael Egwuba (M) on or about the 26 of December, 2011 at Effurun, within the Effurun Judicial Division, robbed one Onoriode Yvonne Asheshe (f) of her Honda Pilot Jeep, ATM card Jewelleries and Black Berry phone while armed with a gun.
Three witnesses gave evidence at the trial. PW1, the victim of these crimes and PW2 the Investigating Police Officer, an officer attached to the State Securities Service Delta State Command, both gave evidence for the State (Respondent).
The appellant gave evidence in defence, but did not call any witness.
The following items were tendered as exhibits:
Exhibit A: Statement of 1st accused person (not relevant in this appeal).
Exhibit B: Statement of 2nd accused person.
Exhibit C: Blackberry Phone with Pin. No.3245D4FE.
Exhibit D: Certificate of (Engr.) Saidi Haruna from lovely communication.
On 27 February, 2013 the trial judge adjourned the case to 28 March, 2013 for adoption of written addresses and judgment was delivered on 10 October, 2013. The learned trial judge found the appellant guilty on the three count charge and sentenced him to death on count III.
Dissatisfied with the sentence, the appellant filed an appeal to the Court of Appeal.
That Court affirmed the judgment of the High Court in the concluding paragraph as follows:
The appeal is totally lacking in merit and it is hereby dismissed. The judgment of the Lower Court embodying the conviction and sentence imposed on the appellant in Suit No.A/37C/2012 delivered on October, 2013 is hereby affirmed.
This appeal is against that judgment. In accordance with rules of Court, briefs were filed and exchanged. The appellant’s brief was filed on 14 September, 2015, while the respondent’s brief was filed on 17 December 2015.
COUNT 1
STATEMENT OF OFFENCE
Conspiracy to commit a felony to wit: Kidnapping punishable under Section 516 of the Criminal Code Law, Cap C 21 Vol. 1, Laws of Delta State of Nigeria 2006.
PARTICULARS OF OFFENCE:
Saidu Haruna (M), and Raphael Egwuba (M) on or about the 26 of December 2011 at Effurun, within the Effirun Judicial Division, conspired with others now at large to commit a felony to wit: Kidnapping.
COUNT 2
STATEMENT OF OFFENCE
Kidnapping punishable under Section 354(2) of the Criminal Code Law, Cap. C 21 Vol.1, Laws of Delta State of Nigeria 2006.
PARTICULARS OF OFFENCE
Saidu Haruna (M), and Raphael Egwuba (M) on or about the 26 of December, 2011 at Effurun within the Effurun Judicial Division, unlawfully imprisoned one Onoriode Yvonne Asheshe (f) against her will.
COUNT 3
STATEMENT OF OFFENCE
Armed Robbery punishable under Section 1(2) (a) of the Robbery and Firearms (Special Provisions) Act Cap. R 11 Vol.4, Laws of the Federation of Nigeria, 2004.
PARTICULARS OF OFFENCE
Saidu Haruna (M), and Raphael Egwuba (M) on or about the 26 of December, 2011 at Effurun, within the Effurun Judicial Division, robbed one Onoriode Yvonne Asheshe (f) of her Honda Pilot Jeep, ATM card Jewelleries and Black Berry phone while armed with a gun.
Three witnesses gave evidence at the trial. PW1, the victim of these crimes and PW2 the Investigating Police Officer, an officer attached to the State Securities Service Delta State Command, both gave evidence for the State (Respondent).
The appellant gave evidence in defence, but did not call any witness.
The following items were tendered as exhibits:
Exhibit A: Statement of 1st accused person (not relevant in this appeal).
Exhibit B: Statement of 2nd accused person.
Exhibit C: Blackberry Phone with Pin. No.3245D4FE.
Exhibit D: Certificate of (Engr.) Saidi Haruna from lovely communication.
On 27 February, 2013 the trial judge adjourned the case to 28 March, 2013 for adoption of written addresses and judgment was delivered on 10 October, 2013. The learned trial judge found the appellant guilty on the three count charge and sentenced him to death on count III.
Dissatisfied with the sentence, the appellant filed an appeal to the Court of Appeal.
That Court affirmed the judgment of the High Court in the concluding paragraph as follows:
The appeal is totally lacking in merit and it is hereby dismissed. The judgment of the Lower Court embodying the conviction and sentence imposed on the appellant in Suit No.A/37C/2012 delivered on October, 2013 is hereby affirmed.
This appeal is against that judgment. In accordance with rules of Court, briefs were filed and exchanged. The appellant’s brief was filed on 14 September, 2015, while the respondent’s brief was filed on 17 December 2015.
…………………….B…………………….
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