Compulaw - 1st Indigenous Digital Law Library

Brief

Conviction for a lesser offence – Power of court to so do
Armed robbery
Offence of Receiving
Steal – Meaning of
Robbery – Meaning of
Conviction for a lesser offence – Propriety of and when applicable
Section 253 of the Criminal Code
Section 284 of the Criminal Code
Section 179 of the Criminal Procedure Act
Section 179(1) of the Criminal Procedure Act
Section 179(2) of the Criminal Procedure Act
Section 218 of the Criminal Procedure Code
Section 16 (sic: 15) of the Court of Appeal Act
Section 167(a) of the Evidence Act, 2011
Section 1(1) of the Robbery and Firearms (Special Provisions) Act 2004
Section 1(2)(a) of the Robbery and Firearms (Special Provisions) Act 2004
Section 1(2)(b) of the Robbery and Firearms (Special Provisions) Act 2004
Section 5 of the Robbery and Firearms (Special Provisions) Act 2004
Section 36(6) of the 1999 Constitution
- Section 36(6)(a) of the 1999 Constitution
Section 36 (9) of the Constitution
Section 236 of the Administration of Criminal Justice Act, 2015
Section 11 of the Interpretation Act

Facts

The Appellant, as the 2nd accused person, was charged and tried for the offence of armed robbery contrary to Section 1 (2) (a) of the Robbery and Firearms (Special Provisions) Act, Cap 111 LFN 2004. The particulars of the offence are that: the Appellant and three others "on or about 18th Day of April, 2014 at No. 1/3 Umu-Anaghara Close Achara Layout, Enugu, while armed with gun did rob one Ugochukwu Francis Nwaiwu of the following items: two Laptops, four cell phones, one Techno Tab, One Laptop Hard-Disk, a box containing jewelries, two Travelling bags, One National ID Card, Two ATM Cards of Eco Bank and Keystone Bank and a sum of N100,000.00 cash."

The Appellant had no notice of any other offence apart from the alleged armed robbery punishable under Section 1(2)(a) of the Robbery and Firearms (Special Provisions) Act. The Court held that, though the prosecution had failed to prove its case of armed robbery, the appellant was liable and guilty of armed robbery due to the fact that he had aided his co-accused to commit the offence.

Dissatisfied, the appellant appealed to the Court of Appeal. The Court set aside the finding of the lower court and sentenced the appellant for receiving stolen property. Dissatisfied, the Appellant appealed to the Supreme Court.

Issues

Whether the lower Court was right in convicting and sentencing the appellant to...

Onukwube V. State (2020) CLR 12(J) (SC)

Judgement delivered on December 18th 2020

Brief

Facts

Issues