OGU v. COMMISSIONER OF POLICE

Before Their Lordships

Between

AND

…………………….A…………………….

KUDIRAT MOTONMORI OLATOKUNBO KEKERE-EKUN, J.S.C. (Delivering the Leading Judgment): The appellant herein and two others were charged before the High Court of the Federal Capital Territory, Abuja on a four count charge of criminal conspiracy, armed robbery, culpable homicide and rape, contrary to Sections 97, 298, 221 and 283 respectively of the Penal Code of Northern Nigeria. It was alleged that on the 28th day of January 2006 at about 0230 hours at Dape Village, Life Camp, Abuja, the appellant and his co-accused conspired to rob and did rob one Ochokwu Ene (m) of a set of V.C.D. and shot him dead. It was alleged that on the same date and at the same place and time, while armed with a gun and other dangerous weapons, they also robbed one Emmanuel Abu (m) and raped one Hadiza Ochokwu (f), wife of the deceased. All the accused persons pleaded not guilty to the charge. The prosecution called five witnesses to establish its case. The appellant and his co-accused testified on their own behalf and did not call any other witness. At the conclusion of the trial, in a considered judgment delivered on 15/11/2011, all the accused persons were acquitted and discharged on the charges of rape and culpable homicide for lack of evidence. The 3rd accused, Olukayode Johnson was found not guilty on each of the counts and accordingly acquitted and discharged. The appellant and the 2nd accused were found guilty and convicted on the charges for conspiracy and armed robbery. On the charge for conspiracy, they were sentenced to five years imprisonment each, On the charge for armed robbery they were each sentenced to ten years imprisonment and a fine of N10,000.00. The sentences are to run consecutively. The appellant’s appeal to the Court of Appeal, Abuja Division was dismissed on 17th December, 2012. He is still dissatisfied, hence the instant appeal.