CHIDIEBERE IGWE V THE PEOPLE OF LAGOS STATE

Issue:

The appellant was charged before the High court of Lagos State on a two-count charge of conspiracy to commit armed robbery contrary to Sections 402 (2) (a) and 403 (A) of the Criminal Code Law Cap. C17, Vol. 2 Laws of Lagos State, 2003. It was alleged that on 22nd May, 2009 at about 20.00 hours along Afariogun Street, Oshodi Lagos in the Ikeja Judicial Division, the appellant and others at large conspired to commit armed robbery and did rob one Michael George of a Honda Accord Salon Car with registration No. PM103KA, property of Westcom Group of Companies. It was alleged that the appellant and his cohorts were armed with guns. The appellant pleaded not guilty to the charges. In proof of its case the prosecution called 3 witnesses who were all cross-examined by the defence. At the close of the prosecution's case on 24/5/2012, the case was adjourned for defence. At the resumed hearing on 1/11/2012 the defence filed an application seeking to re-call PW3 for further cross-examination. The application was stoutly opposed by the prosecution. In a considered ruling, the learned trial Judge refused the application and called on the appellant to proceed with his defence. He testified on his own behalf and called one other witness. At the conclusion of the trial and after considering the written addresses of learned counsel, the court found the appellant guilty of the lesser offences of conspiracy to rob and robbery. He was convicted of both offences and sentenced to 21 years imprisonment. The sentences are to run concurrently. The appellant was dissatisfied with his conviction and sentence and appealed to the court below. In a considered judgment delivered on 11/3/2016, the judgment of the trial court and the appellant's conviction and sentence were upheld. He has further appealed to the Supreme Court vide his Notice of Appeal filed on 5/8/2016, containing 4 grounds of appeal.