CaseLaw
Siwobi V. C.O.P (1997) CLR 1 (L) (CA)
Brief
Facts
The appellant, a young businessman, was on 22/10/90 arraigned before a Senior Magistrate's Court II, Jos, on First Information Report on an allegation that he broke into the house of PW 1 Chief Celetine Abucha in the night on 25/9/90 and that he stole therefrom a Sharp video cassette recorder, valued at N3,000.00. The recorder was said to belong to PW 1. The appellant denied the allegation.
In proof of the charge, the prosecution called four witnesses. The complainant was PW 1. He testified that on 26/9/90 in the night he was aroused from sleep by one of his children PW 2. PW 2 told PW 1 that while he P.W. 2 was going to the toilet to urinate he encountered someone in the passage. He wanted to greet that person. The strange person threatened to beat PW1. P.W. 1 asked where the man was. Meanwhile the wife of PW 2 put on the light in the parlour. PW 1's wife then alerted that the video in the parlour had been stolen away. PW 1 observed that the window to the toilet was damaged and the louvers removed. PW 1 looked around the house. He did not see the intruder. He went immediately to the police station to lodge a report. The police asked PW 1 whom he suspected. He told the police he did not suspect anybody. He came back home. He saw his wife and PW 2. PW 1 took PW 2 to the police station to say what he had seen. PW 1 on his second trip to the police then told the police he suspected the appellant. The police eventually arrested the appellant.
The star witness for the prosecution was PW 2. His evidence is in some respects intriguing. At the time he testified for the prosecution, he was a schoolboy of 12 years. He testified that on 25/9/90, he was sleeping in his room. He woke up intending to go and urinate. He saw the appellant. He wanted to greet him. The appellant pressed his finger against his (appellant's) lips suggesting PW 2 should not talk. This was in the passage and there was light there. The appellant carried something under his armpit. He held a torch with which he attempted to hit PW 2. PW 2 ran away to knock at the door of PW 1. PW 1 came out of his bedroom, PW 2 told him that the person he saw had run into the toilet. PW 1 and PW 2's sister looked around for the intruder. They did not see him. PW 1 went out of the house. He came back with a policeman. This was about 3 a.m. PW 2 told his auntie the description of the person he had seen. The auntie said it must be the appellant. PW 2 later identified the appellant. It was the evidence of PW 2 that materially linked the appellant with the offence charged. It was upon it the trial court relied to convict the appellant.
The appellant appealed against his conviction only, and not the sentences, to the High Court which affirmed the conviction and suo motu substituted a conviction of 12 months imprisonment without a fine for the sentence imposed by the trial court. The appellant further appealed to the Court of Appeal.