Judgment
HELEN MORONKEJI OGUNWUMIJU, J.S.C. (Delivering the Leading Judgment): This is an appeal against the decision of the Court of Appeal, Abuja Division delivered on 24th May, 2012 which upturned the decision of S. O. Otu, J. of the High Court of Kogi State sitting at Okene delivered on 13/11/2009.
The facts that led to this appeal are as follows, The Respondent was arraigned on a two-count charge of criminal conspiracy and Armed Robbery contrary to Sections 97 (1) and 298 (c) respectively of the Penal Code. The Prosecution called 3 witnesses and tendered Exhibit “A”. The Respondent testified and called only one witness.
At the end of the trial, Counsel addressed the Court and in a considered judgment, the learned trial judge convicted the Respondent and sentenced him to a term of 12 years imprisonment on 13/1/2009. The Respondent being dissatisfied with the decision of the trial Court appealed to the Court of Appeal; Abuja Division by a Notice of Appeal filed on 5/1/2010. The Counsel for the respective parties filed and exchanged briefs of argument.
The Court of Appeal in its judgment of 24/5/2012 upturned the judgment of the trial Court and in its place entered a verdict of discharge and acquittal in favour of the Respondent. The Appellant being dissatisfied with the decision of the Court below has now appealed to this Court on three 3 grounds of appeal.
The facts adduced by the Prosecution in proof of its case is to the effect that PW1 and PW2 who were Police Officers were on their way from the old Police Barracks to the new Police Barracks at Okene when they were accosted by the Respondent and one other person (hereinafter called the accomplice). The accomplice snatched the handset of the PW2 and ordered the Respondent to show the witnesses what he had with him. The Respondent then opened his shirt and the witnesses saw a pump action gun in his possession. The accomplice also snatched the sum of N25,000.00 from the PW2.
The PW2 later slapped the Respondent and the “pump action” gun fell from him. The PW1 then took the gun and hit the accomplice on the head and the accomplice fell down. The PW1 helped PW2 to overpower and subdue the Respondent. The accomplice who had been on the ground all these while stood up and bolted away. The Respondent who had been overpowered was arrested and taken to the Police Station.
