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CaseLaw

Bassey V. State (2012) CLR 4© (SC)

Judgement delivered on April 20th 2012

Brief

  • Confessional statement
  • Proof beyond reasonable doubt
  • Contradiction in evidence of witness
  • Concurrent finding of fact
  • Interpretation of documents
  • Family Propert
  • Declaration of title to land

Facts

The appellant and five persons were arraigned before the Robbery and Firearms Special Tribunal which held at Ikot Epene, Akwa Ibom State, on a two count charge which reads:

  • 1
    STATEMENT OF OFFENCE: Armed robbery contrary to Section 1(2)(a) of the Robbery and Firearms (Special Provisions) Decree No. 5 of 1984.
  • PARTICULARS OF OFFENCE Etim Edet Oboho, Effiong Etim Sunday, Joseph Edet Ekpo, Etim Asuquo Enobiak, Edet Asuquo Bassey, Okon Dan Osung on or about the 17th day of June, 1993 alone Oron Road in Oron Judicial Division while armed with offensive weapons, to wit, matchets, daggers and pen knives robbed Okafor Ndukwe Anya of the sum of N79,995.00 property of one Sunday Ikema.
  • 2
    STATEMENT OF OFFENCE: Armed robbery contrary to Section 1(2)(a) of the Robbery and Firearms (Special Provisions) Decree No. 5 of 1984.
  • PARTICULARS OF OFFENCE Etim Edet Oboho, Effiong Etim Sunday, Joseph Edet Ekpo, Etim Asuquo Enobiak, Edet Asuquo Bassey. Okon Dan Osung on or about the 17th day of June. 1993 along Oron Road in Oron Judicial Division while armed with offensive weapons, to wit, matchets. daggers and pen knives robbed Uche Emde Uba of the sum of N140,289.00 property of one Sunday Ikema.
  • "Perpetual injunction restraining the defendants, their servants and/or agents from entering the said land".

On the 17th of June, 1993, PW3, Sunday Ikema sent PW1 and PW2 to Port Harcourt to buy out board engine and crank shaft. He gave PW1 N140, 289 and PW2 N29,995. Both of them left Oron and -arrived in Port Harcourt, but were unable to purchase the items, because the money on them was not enough. They decided to return to Oron. They entered a car in which there were three ladies already seated on arriving at Oron near an Apostolic Church, the ladies-disembarked. Before they could continue the journey they were surrounded by about seven men. The appellant was one of them. Their bags containing the money were taken from them. The robbery occurred in the early evening of the 17th day of June, 1993, and while the robbery was ongoing, the driver of the vehicle looked on impassively.

On the 19th day of November, 1996, the tribunal was informed that the 1st, 2nd and 4th accused persons hat; died. Their names were struck out from the charge. The surviving accused persons were Sunday Joseph Edet, the appellant and Okon Dan Osung. A fresh plea was taken and "not guilty' pleas were entered.

Four witnesses testified for the prosecution and confessional statements were admitted as exhibits. The appellant testified along with his father - DW4. In a considered judgment delivered on the 26th day of May, 1999 the learned trial Judge found that the prosecution proved its case beyond reasonable doubt and sentenced both accused persons to death.

Edet Asuquo Bassey lodged an appeal. It was heard by the Court of Appeal, Calabar. In a well considered judgment delivered on the 2nd day of July, 2008, that court per Akaahs, Omokri, JJCA affirmed the judgment of the Robbery and Firearms Special tribunal, but reduced the sentence to 21 years imprisonment. Orji Abadua, JCA, dissented on the around that the death sentence should be affirmed and restored. This appeal is against the judgment of the Court of Appeal.

Issues

  • 1
    Whether the learned Justices of the Court of Appeal were right in...

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