CaseLaw
Pius V. State (2015) CLR 3(k) (SC)
Judgement delivered on March 6th 2015
Brief
Facts
The case put forward by the prosecution upon which the accused (now appellant) was convicted for armed robbery and sentenced to death was that on 29/9/2006 the appellant went to Ogidi Health Centre Atan in Ijebu North-East Local Government Area of Ogun State where he met P.W.1, Miss Ogunlana Olufunke Ajibola and P.W.2, Mrs. Adedoja Odebode and said he was looking for an accident victim and they directed him to another hospital. About 10 minutes later he returned to the Health Centre where he pulled a gun and ordered them to lie down and face the ground. They were frightened and complied with his order. He removed their mobile phones from where they were charging them. He then led them to the injection room and asked them to undress. They tried to put up a resistance but the accused told them that there were others with him.
He then led them to a bush at the back of the Health Centre where he ordered P.W.2 to lie down and asked P.W.1 to lie on top of P.W.2 and thereafter raped P.W.1 after threatening to shoot P.W.1 if she refused to co-operate. He then asked them to run back to the Heath Centre. On getting back to the Health Centre they dressed up and went to lodge a complaint at Erunwon Police Station. They met P.W.3 Idehen Joseph who directed them to Atan Police Station. It was P.W.3 who shortly after accosted the accused and recovered the two phones belonging of P.W.1 and P.W.2. When P.W.1 and P.W. 2 were making their statements at the Atan Police Station, P.W.3 brought the phones he recovered from the accused and P.W.1 and P.W.2 identified the phones as theirs. Some days later they were invited to the Police Station where they identified the accused amongst several suspects as the person who attacked them. During investigation P.W.4, Police Constable Babatunde Ibukun F/No. 359252 recovered a jack knife from the residence of the accused. Based on this evidence the accused was found guilty of armed robbery and sentenced to death.
He appealed to the Court of Appeal, Ibadan which dismissed the appeal. The lower court however found that robbery without firearms or offensive weapon was proved by the respondent against the appellant and substituted the conviction for the lesser offence of robbery without firearms or offensive weapon under Section 1(1) of the Robbery and Firearms (Special Provisions) Act Cap. 398 Laws of the Federation of Nigeria 1990 (as amended).
The appellant felt dissatisfied and has further appealed to this Court.
Issues
Whether, after expunging the evidence of use of arm or force from...