Judgment
GABRIEL OMONIYI KOLAWOLE, J.C.A. (Delivering the Leading Judgment) : This is an appeal brought by the Appellant to challenge the correctness of the judgment of Hon. Justice L. M. Boufini of the High Court of Bayelsa State, Yenagoa Judicial Division in Suit No. YHC/167C/2016 delivered on 9th October, 2018, wherein the Appellant, Joshua Miracle, was found guilty of conspiracy to commit armed robbery and armed robbery, and consequently sentenced to death by hanging. The jurisdiction of this Court was invoked when the Appellant filed his Notice of Appeal on 5th November, 2018.
It contains five grounds with detailed particulars. The Appellant’s brief which was settled by O. A. Nelson, Esq. was dated and filed on 25th January, 2019, whereas, the Respondent’s brief was settled by its learned counsel, E.T. Boatman, Esq. and was filed on 22nd May, 2020. The Appellant’s Reply brief on the other hand, was filed on 30th June, 2020.
THE BRIEF FACTS OF THE APPEAL: The Appellant was charged before the lower Court by an Information filed on 26th September, 2016 on a two-count charge of conspiracy to commit armed robbery and armed robbery contrary to Section 6(b) and Section 1 (2) (a) of the Armed Robbery & Firearms (Special Provisions) Act, Cap R11, LFN, 2004. The Respondent as the Prosecution at trial called three witnesses and tendered EXHIBITS A, A1, and B also an ID which is a bond containing recharge cards released to the complainants by the police.
It was the summary of the Prosecution’s case at trial, that on the 11th July, 2016, the Appellant in company of two others now at large namely, Daniel and Tino, armed with a shotgun and a dagger knife, successfully robbed PW1 in front of his shop of a bag containing recharge cards of various denominations worth two million, one hundred naira only and physical cash of two hundred and twenty-three thousand naira only, and fled.
That upon boarding commercial tricycle (keke-napep) going to Opolo, they were intercepted at Otiotio junction, by men of the Operation Doo Akpor, who conducted a search on their persons and belongings found in their possession. In the process of the said search, Daniel and Tino fled the scene and the Appellant was detained. The next day, PW3 in company of the Appellant visited the scene of the robbery, and was properly identified by PW1 as one of the armed robbers who carried out the attack on him the previous day. A search warrant was executed and his private residence searched by PW3.
