CaseLaw
Ukpabi V. State (2004) CLR 6(e) (SC)
Judgement delivered on June 18th 2004
Brief
Facts
Briefly, one Samuel Sunday (p.w.2), a petty trader, was taking his wares to the market on 11 July, 1978 along Ngwa Road, Aba in the early hours of the morning. At about 5 a.m. he was accosted by a man whose name he later knew to be Christopher Okereke Ukpabi. He is the Appellant. The said p.w.2 was carrying a bag on his head and holding a hand bag. The Appellant stopped him and ordered him to search his own person. The first instinct of the Appellant was to resist. At that stage, two other persons appeared on the scene. One of them who wore a mask held a gun. The Appellant asked p.w.2 to choose between searching himself and death. This frightened p.w.2 and he surrendered his wares together with N25.00 in cash to the men. The wares were 80 dozens of headties valued at N315.00 and 50 pieces of gowns valued at N200.00. Also taken from him were his wrapper cloth, a pair of trousers, one shin, a towel, a portfolio and some documents.
The men gave p.w.2 a warning to continue in the direction he was going and not to look back. He did as he was directed and after some distance he hid somewhere along the said Ngwa Road. Later, he retraced his steps to go home to report his experience. It was on his way back that he recognised the Appellant buying some cigarettes at a small store at the park along Ngwa Road. He gripped him and a crowd of people gathered. One of the people called in the police. The p.w.2 said he was able to recognise the Appellant from his face and the way he walked with his lame leg.
The Appellant in his testimony claimed to be a beggar who had come from Arochukwu to Aba and that he did not live on Ngwa Road. He admitted that on 11th July, 1978, the p.w.2 came round to lay hands on him and both began to fight. He said p.w.1 was one of those who came to intervene. In the testimony of the p.w.1 he confirmed that he saw p.w.2 and the Appellant exchange words. He said p.w.2 demanded from the Appellant to return his property but the Appellant asked whether p.w.2 had come to take advantage of his deformity.
The Appellant made a statement to p.w.3, Sgt. Oto Ebere. In it he said he was having a drink with two other boys in a hotel along Ngwa Road on 11 July. 1978 around 6 a.m when he had an encounter with the Appellant. He claimed that the two boys worked and lived in that hotel. He added: