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Before Their Lordships
SULEIMAN GALADIMA Justice of The Supreme Court of Nigeria
MARY UKAEGO PETER-ODILI Justice of The Supreme Court of Nigeria
KUMAI BAYANG AKA’AHS Justice of The Supreme Court of Nigeria
KUDIRAT MOTONMORI OLATOKUNBO KEKERE-EKUN Justice of The Supreme Court of Nigeria
JOHN INYANG OKORO Justice of The Supreme Court of Nigeria
MARY UKAEGO PETER-ODILI Justice of The Supreme Court of Nigeria
KUMAI BAYANG AKA’AHS Justice of The Supreme Court of Nigeria
KUDIRAT MOTONMORI OLATOKUNBO KEKERE-EKUN Justice of The Supreme Court of Nigeria
JOHN INYANG OKORO Justice of The Supreme Court of Nigeria
Between
FREEBORN OKIEMUTE- Appellant
AND
THE STATE –Respondent
…………………….A…………………….
SULEIMAN GALADIMA, J.S.C. (Delivering the Leading Judgment): This Appeal is against the judgment of the Court of Appeal, Benin Division, delivered on the 15th day of November, 2012 which affirmed the judgment of the High Court of Ozoro, (Delta State). Delivering its judgment on 14th July, 2010, the trial High Court convicted the Appellant of the offence of conspiracy to commit armed robbery and robbery.
The Appellant was arraigned on the 22nd day of January, 2009 before the trial Court upon information containing six counts stated as follows:
STATEMENT OF OFFENCE: COUNT I
Conspiracy to commit armed robbery punishable under Section 1(2) (a) of the Robbery and Firearms (Special Provisions) Act, Laws of the Federation of Nigeria, 2004.
PARTICULARS OF OFFENCE:
Freeborn Okienute (M) and others now at large on or about the 17th day of November, 2006 at Ozoro in the Ozoro Judicial Division conspired to commit armed robbery.
STATEMENT OF OFFENCE: COUNT II
Armed robbery punishable under Section 1(2)(a) of the Robbery and Firearms (Special Provisions) Act, Law of the Federation 2004.
PARTICULAR OF OFFENCE:
Freebom Okiemute (M) and others now at large on the 17th day of November, 2006 at Ozoro in the Ozoro Judicial Division, robbed one Okonedono Bight of his Sagen handset while armed with gun.
STATEMENT OF OFFENCE: COUNT III
Armed robbery punishable under Section 1(2)(a) of the Robbery and Firearms (Special Provisions) Act, Laws of the Federation 2004.
PARTICULAR OF OFFENCE:
Freebom Okienute (M) and others now at large on the 17th day of November, 2006 at Ozoro in the Ozoro Judicial Division robbed one Beauty Egbamuno of her handset while armed with gun.
STATEMENT OF OFFENCE: COUNT IV
Armed robbery punishable under Section 1 (2)(a) of the Robbery and Firearms (Special Provisions) Act, Laws of the Federation 2004.
PARTICULARS OF OFFENCE:
Freeborn Okiemute (M) and others now at Large on the 17th day of November, 2006 at Ozoro in the Ozoro Judicial Division robbed one Ajiri Egbamuno of her Samsung handset while armed with gun.
STATEMENT OF OFFENCE: COUNT V
Armed robbery punishable under Section 1 (2) (a) of the Robbery and Firearms (Special Provisions) Act, Laws of the Federation 1990.
PARTICULARS OF OFFENCE:
Freebom Okiemute (M) and others now at large on the I7th day of November, 2006 at Ozoru in the Ozoro Judicial Division robbed one Mathilda Egbanu (F) of N500,000.00 cash, jewelry, wrappers and other personal belonging while armed with gun.
STATEMENT OF OFFENCE: COUNT VI
Armed robbery punishable under Section 1(2) (a) of the Robbery and Firearms (Special Provisions) Act, laws of the Federation 1990.
PARTICALARS OF OFFENCE:
Freeborn Okienute (M) and others now at large on the 17th day of November, 2006 at Ozoro in the Ozoro Judicial Division robbed one Marvelous Okomedono (M) of his Siemens handsets while armed with gun.”
The Appellant pleaded not guilty to the six counts charge. The trial proceeded. The prosecution called six witnesses, while the Appellant testified for himself. At the conclusion of the trial, the trial Court discharged and acquitted the Appellant in respect of the counts Il, lll, IV and VI but convicted him in respect of counts I and V relating to the robbery committed against PW3 and held that the prosecution proved its case beyond reasonable doubt.
Dissatisfied with the judgment of the trial Court, the Appellant appealed to the Court below which dismissed the appeal and affirmed the decision of the lower Court. Both Courts placed reliance on the oral evidence of PW3 and her extra judicial statement Exhibit ‘C’.
STATEMENT OF OFFENCE: COUNT I
Conspiracy to commit armed robbery punishable under Section 1(2) (a) of the Robbery and Firearms (Special Provisions) Act, Laws of the Federation of Nigeria, 2004.
PARTICULARS OF OFFENCE:
Freeborn Okienute (M) and others now at large on or about the 17th day of November, 2006 at Ozoro in the Ozoro Judicial Division conspired to commit armed robbery.
STATEMENT OF OFFENCE: COUNT II
Armed robbery punishable under Section 1(2)(a) of the Robbery and Firearms (Special Provisions) Act, Law of the Federation 2004.
PARTICULAR OF OFFENCE:
Freebom Okiemute (M) and others now at large on the 17th day of November, 2006 at Ozoro in the Ozoro Judicial Division, robbed one Okonedono Bight of his Sagen handset while armed with gun.
STATEMENT OF OFFENCE: COUNT III
Armed robbery punishable under Section 1(2)(a) of the Robbery and Firearms (Special Provisions) Act, Laws of the Federation 2004.
PARTICULAR OF OFFENCE:
Freebom Okienute (M) and others now at large on the 17th day of November, 2006 at Ozoro in the Ozoro Judicial Division robbed one Beauty Egbamuno of her handset while armed with gun.
STATEMENT OF OFFENCE: COUNT IV
Armed robbery punishable under Section 1 (2)(a) of the Robbery and Firearms (Special Provisions) Act, Laws of the Federation 2004.
PARTICULARS OF OFFENCE:
Freeborn Okiemute (M) and others now at Large on the 17th day of November, 2006 at Ozoro in the Ozoro Judicial Division robbed one Ajiri Egbamuno of her Samsung handset while armed with gun.
STATEMENT OF OFFENCE: COUNT V
Armed robbery punishable under Section 1 (2) (a) of the Robbery and Firearms (Special Provisions) Act, Laws of the Federation 1990.
PARTICULARS OF OFFENCE:
Freebom Okiemute (M) and others now at large on the I7th day of November, 2006 at Ozoru in the Ozoro Judicial Division robbed one Mathilda Egbanu (F) of N500,000.00 cash, jewelry, wrappers and other personal belonging while armed with gun.
STATEMENT OF OFFENCE: COUNT VI
Armed robbery punishable under Section 1(2) (a) of the Robbery and Firearms (Special Provisions) Act, laws of the Federation 1990.
PARTICALARS OF OFFENCE:
Freeborn Okienute (M) and others now at large on the 17th day of November, 2006 at Ozoro in the Ozoro Judicial Division robbed one Marvelous Okomedono (M) of his Siemens handsets while armed with gun.”
The Appellant pleaded not guilty to the six counts charge. The trial proceeded. The prosecution called six witnesses, while the Appellant testified for himself. At the conclusion of the trial, the trial Court discharged and acquitted the Appellant in respect of the counts Il, lll, IV and VI but convicted him in respect of counts I and V relating to the robbery committed against PW3 and held that the prosecution proved its case beyond reasonable doubt.
Dissatisfied with the judgment of the trial Court, the Appellant appealed to the Court below which dismissed the appeal and affirmed the decision of the lower Court. Both Courts placed reliance on the oral evidence of PW3 and her extra judicial statement Exhibit ‘C’.
…………………….B…………………….
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