Compulaw - 1st Indigenous Digital Law Library

Brief

Armed robbery – Ingredients and proof of
Armed Robbery – Nature of offence of
Burden of Proof in Criminal cases – On whom lies
Proof beyond reasonable doubt
Identification Parade - Guiding principles for
Identification evidence – Effect of where evidence is poor
Identification Evidence – Importance of
Identification Evidence – Guiding principles for
Witnesses – Whether prosecution required to call host of
Section 36(5)of the Constitution
Section 200 Evidence Act, 2011
Section 402 (2) (a) of the Criminal Code Act
Section 516 of the Criminal Code Act 1990

Facts

The appellant in this appeal and three other persons were arraigned at the High Court of Imo State, Ahiazu Mbaise Judicial Division, on information in which they were charged with the following:

COUNT 1 STATEMENT OF OFFENCE Conspiracy contrary to Section 516 of the Criminal Code Act Cap. 77 LFN (sic) 1990 applicable to Imo State;

PARTICULARS OF OFFENCE Onyedikachi Osauagwu, Chimezie Ogu, Michael Anyanwu and Chibuike Samuel Ibe on the 15th day of December, 2005, at Umuduruji Elekenaowari Obohia Azuazu, Mbaise in the Aboh, Mbaise Judicial Division, conspired among yourselves to rob with guns one Cosmas Azodiro of the sum of N1,827,000 (One Million, Eight Hundred and Twenty Seven Thousand Naira) belonging to him.

COUNT 2 STATEMENT OF OFFENCE Armed Robbery, contrary to Section 402 (2) (a) of the Criminal Code Act, Cap. 77 Laws of the Federation, 1990, as applicable to Imo State.

PARTICULARS OF OFFENCE Onyedikachi Osuagwu, Cmezie Ogu, Michael Anyanwu and Chibuike Samuel Ibe on the 15th day of December, 2005 at Umuduruji Elekenaowari Obohia Azuazu Mbaise in the Aboh Mbaise Judicial Division, armed with short guns robbed one Cosmas Azodiro of the sum of N1, 827, 000 (One Million Eight Hundred and Twenty Seven Thousand Naira) belonging to him.

Sequel to their plea of "Not guilty" on June 4, 2008, trial commenced. In proof of their case, the prosecution called five witnesses. The Court (hereinafter, simply, referred to as "the trial Court"), also, admitted certain documents as Exhibits, A; B; C; D; E; F and G. At the end of the case of the prosecution, counsel for the appellant entered and relied on his No Case submission.

In its judgement of September 23, 2009, the trial Court (Coram Duroha Igwe J.), overruled the said submission, convicted and proceeded to sentence him to death upon finding him guilty "as charged.

Dissatisfied with the outcome of his trial, he appealed to the Court of Appeal, Owerri Division (hereinafter referred to as "the Lower Court") which Court affirmed the judgement of the trial Court. This further appeal to this Court is the appellants expression of his disgust with the judgement of the Lower Court.

Osuagwu V. State (2016) CLR 7(q) (SC)

Judgement delivered on July 1st 2016

Brief

Facts

Issues