TAIYE v. THE STATE

…………………..A…………………….

AMIRU SANUSI, J.S.C. (Delivering the Leading Judgment): The appellant was arraigned before the High Court of Delta State [the trial Court) and tried on four count charges as follows:-
COUNT NO.I
STATEMENT OF OFFENCE: COUNT I
Conspiracy to commit armed robbery, contrary to Section 5 [b) and punishable under Section 1(2) (a) of the Robbery and Firearms (Special Provisions) Act Cap 398 volume XXII Laws of the Federation of Nigeria, 1990.
PARTICULARS OF THE OFFENCE
Taiye Michael Efe ‘m’ on or about the 11th day of January, 2006, at Effurun within Effurun judicial Division conspired with others now at large 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, 1990.
PARTICULARS OF THE OFFENCE
Taiye Michael Efe ‘m’ on or about the 11th day of January, 2006, at Effurun within Effurun judicial Division robbed Felix Izomare of two Nokia handsets and cash sums of N100,000.00 (One hundred thousand naira) while armed with a gun.
STATEMENT OF OFFENCE: COUNT III
Armed robbery, punishable under Section 1(2) (a) of the Robbery and Firearms (Special provisions) Act Cap 398 volume XXII Laws of the Federation of Nigeria, 1990.
PARTICULARS OF THE OFFENCE
Taiye Michael Efe ‘m’ on or about the 11th day of January, 2006, at Effurun within Effurun judicial Division robbed Desmond Denyan of his Nokia handset with MTN line and a purse containing the sum of 60pounds and at the time of the robbery you were armed with a gun.
STATEMENT OF OFFENCE: COUNT IV
Illegal possession of firearms punishable under Section 3 (1) of the Robbery and Firearms (Special provisions) Act Cap 398 volume XXII Laws of the Federation of Nigeria, 1990.
PARTICULARS OF THE OFFENCE
Taiye Michael Efe ‘m’ on or about the 11th day of January, 2006, at Effurun within Effurun judicial Division unlawfully had in your possession three locally made single barrel cut to size gun.
When the charges were read and explained to the accused person (now appellant), he pleaded not guilty to each of the four counts. His trial thereupon commenced in earnest, wherein the prosecution called three witnesses to prove its case. The appellant as accused person, after the close of the prosecution’s case testified for his defence without calling any witness to testify on his behalf. The prosecution at the trial tendered six exhibits including the voluntary confessional statement which was marked as Exhibit E. While testifying for his defence, the appellant attempted to retract the confessional statement he made immediately after he was arrested by the police.
The brief facts giving rise to this appeal go this way.
On the 11th day of January, 2006 at about 8.00pm the PW1 one police Inspector Sunday ldeho and PW2 Sgt Samuel lmana and other men of Nigeria Police Force while on road patrol along Aka Avenue, stopped an on-coming vehicle, a white Volvo car carrying four passengers therein. The driver of the said vehicle refused to stop.
Thereupon, the police men on road patrol became suspicious and thereupon pursued the said Volvo car. In the process exchange of fire ensued between the police men and the people in the said vehicle after which the occupants of the white Volvo vehicle decided to stop and abandoned it and took to their heels each following different directions. Luck ran against the present appellant when he fell into a well near an uncompleted building and the police brought him out of the well and arrested him. When arrested he was found in possession of a locally made gun, and live cartridge. Also when the abandoned Volvo car was searched, two double barrel guns, three live cartridges and three expanded cartridges were recovered. The appellant when arrested that night was found to have bullet wound and on being taken to the police station, the appellant volunteered a statement which was recorded by PW2 which was confessional in nature in that he admitted committing the offences charged. The said statement was tendered in evidence at the trial Court and was admitted as Exhibit E even though, as I stated earlier, he attempted to retract it when giving evidence for his defence.
At the end of the trial, the learned trial judge Hon. justice G.E. Gbemre found that all the four counts were proved against the accused/appellant by the prosecution/respondent and convicted the appellant and sentenced him to death on the offence of armed robbery and also to various terms of imprisonment in respect of the other three counts charged. Miffed by the convictions and