CaseLaw
Okosun V. AG Bendel State (1985) CLR 11(e) (SC)
Judgement delivered on November 29th 1985
Brief
Facts
In the afternoon of 20th March, 1981, 1st PW - Mi¬chael Eze, was driving a Bedford lorry, loaded with electrical cables, along the Benin-Ore Express way when a Peugeot saloon car overtook him and pulled up in front of him. With Eze in the lorry was his motor-boy, Everest. The appellants were the passengers in the saloon car with the 1st appellant wearing the uniform of a Customs Officer. 1st PW was asked to come out of the lorry. He was asked by the 1st appellant what he was carrying in is vehicle, and after he had informed him that he was carrying electrical cables, the 1st appellant demanded his driving licence, the way-bills of the goods he was carrying and the particulars of his lorry. He then, at gun point, collected the ignition key of 1st PW’s lorry from him and gave the key to the third appellant who drove away the vehicle from the scene. 1st PW and his motor-boy were then driven in the Peugeot saloon car to a nearby bush where they were ordered to lie down on the ground, facing downwards. It was the testimony of 1st PW that after they had complied with the order, the 1st appellant fired gun shots at them after which the 1st and the 2nd appellants drove away in their car, believing they were dead. 1st, PW however, miraculously survived the ordeal but his motor-boy, Everest, was not so lucky. He died on the spot. Subsequently 1st PW had no difficulty in identifying the appellants at police identifica¬tion parades as the perpetrators of the crime on 20th March, 1981.
In addition to the testimony of 1st PW with regard to the robbery along the Benin-Ore Express way on 20/3/81, there was, also before the learned trial Judge, the 1st appellant's confessional statement which is Exhibit N. and which statement the learned trial judge accepted was voluntarily made.
On the 11th day of January 1982, the appellants and one Theophilus Nwachukwu (alias Cotonue). All the four accused persons were charged on count one with conspiracy to commit the offence of armed robbery, punishable under section 3A(b) of the Robbery and Firearms (Special Provisions) Act 1970. On the second count, the appellants were charged with armed robbery, punishable under section 1 (2)(b) of the Robbery and Firearms (Special Provisions) Act. 1970. The third count charged the 4th accused only with aiding and abetting armed robbery, punishable under section 3A(a) of the Act.
All the accused persons pleaded not guilty to the charge, and, at the end of the case, the learned trial Judge came to the conclusion, on the totality of the evidence adduced, that the case against the 4th accused person, Theophilus Nwachukwu, had not been proved and he was accordingly acquitted and discharged. The appellants were, however, convicted of the offence of armed robbery and sentenced to death. They all appealed to the Court of Appeal and their appeal was dismissed on 27th April, 1983. They have further appealed to this court against the decision of the Court of Appeal.