CaseLaw
Okobi V. State (1984) CLR 7(e) (SC)
Judgement delivered on July 6th 1984
Brief
Facts
Daibu Usman Sambo (p.w.1) on the 11/11/80 at about 3.30p.m. negotiated with the 2nd accused to buy N50,000.00 sterling from him at a cost of N100,000.00. On the 12/11/80, p.w.1 in company of Umaru Habib (p.w.4) and Mohammed Gatta at 7.30 a.m. went to the appellant in his office. The appellant was not in his office when they arrived. They waited and by 9.30 a.m, he arrived. They had gone with N105,000.00 to the appellant's office and when the appellant asked for the N100,000.00 p.w. 1 produced the bag containing N105,000.00 and requested him to count N100,000.00 out of it. The appellant showed them 3 bundles of £ ster¬ling from his briefcase. He had not given them the 3 bundles exhibits B, B1 and B2 and they had not counted them. He told them the 1st two contained £20,000.00. The appellant gave the money in nylon and paper bag produced by p.w.1, p.w. 4 and p.w. 6 to his accountant to count N100,000.00 out in their presence. P.W.1 fol-lowed the accountant to his office. As the accountant was counting the money, the 1st accused, Levy Nwonwu, armed with a revolver (gun) and 2 others entered. When P.W. 1 saw them and the gun in the hand of 1st accused, he ran to the of¬fice of the 2nd accused. The 1st accused followed them to the 2nd accused per¬son's office leaving the other 2 men with the accountant. On entering the office of 2nd accused, he locked the door behind him and said that no one should leave or he would shoot. P.W.1 held the 2nd accused by his trousers and held on to the brief case and told the 1st accused person that he could shoot if he wanted. When they came out of the office of 2nd accused, the accountant and the two men had disappeared with the money and had not been seen since. The 1st accused, with the assistance of other police officers from Surulere arrested P.W.1, P.W.4 and P.W.6 and the appellant. Following police investigation, the appellant and Mr. Levy Nwonwu, the 1st accused were arrested and charged for robbery.
They were convicted under section 1 (2) (a) of the Robbery and Firearms (Special Provisions) Act 1970.
On appeal, Levy Nwonwu, Who was the principal offender, was discharged and acquitted on both counts on which he was charged, while the appellant's appeal against one of the counts i.e. robbery was dismissed.
Appellant appealed.