CaseLaw
Ighalo Vs. State (2016) CLR 7(f) (SC)
Judgement delivered on July 1st 2016
Brief
Facts
The facts of the case are as follows:
On the 1st of April, 2003 at about 2 a.m., a gang of armed robbers invaded the residence of Musa Ighalo at No. 18, Umeri Street, Upper Mosheshe, off Sakponba Road, Benin City. They were armed with guns, machetes, battle axes and iron rod. They beat up the said Musa Ighalo who testified as PW3, robbed him of the sum of N25,000.00 and inflicted serious injuries on him and members of his family which eventually led to the death of Ehinome Ighalo, step - brother of the appellant who was then seventeen years old and a student of the Federal Polytechnic Auchi.
The appellant is the first son of PW3 but PW3 did not marry the appellant's mother. The appellant lived with his mother from birth until he was 20 years old when the appellant went to stay with PW3. At the time the robbery took place the appellant was living in PW3's house. In March 2003 the appellant visited his father's working place at the State Hospital Management Board in Benin City. There he met Frank Evokhon and Godwin Oide who were also employees of the State Hospital Management Board. They testified as PW1 and PW2 respectively. He complained about the conduct of his father towards him in not showing him respect and providing for his needs. He then informed PW1 and PW2 that he had made up his mind to teach his father a bitter lesson by joining a gang who will deal with his father.
After the robbery PW3 made a statement to the police stating that he recognized the appellant among the robbers who invaded his residence. This led to the arrest of the appellant who denied his involvement in the robbery attack on the PW3 and other members of his household. In his extra judicial statement to the Police, he set up a defense of alibi to the effect that he was in Warri from 31/3/03 to 5/5/03 having gone there with his master, a petrol tanker driver to load petrol. The Investigating Police Officer Sgt. Sunday Ogodo who testified as PW4 investigated this defence but did not visit Warri. He however visited the place where the appellant's master could be found as supplied by the appellant but the said master could not be traced. Subsequently the appellant was charged to court on a one count charge of Conspiracy to commit armed robbery and two counts of robbery while armed with offensive Weapons. He was acquitted and discharged on counts 1 and 2 but found guilty on count 3 and was convicted and sentenced to death. He unsuccessfully appealed to the Court of Appeal, Benin City which was dismissed on 19/4/2013; hence the further appeal to this Court.
Issues
Were the lower courts correct in their evaluation of evidence and their...