JOEL ADAMU. V. STATE

Issue:

Upon receipt of distress call on 8/9/2005 relayed from the FCT command control room that some armed robbers had invaded the Anglican Church Guest House, PW1 and his team went to the scene to investigate. They met the manager of the hotel as well as PW3, the security guard. They also met some victims of the attack who narrated how they were relieved of their valuables by the bandits. On being informed that the robbers escaped through the bush, PW1 and his team proceeded to the canal at the back of the Guest House and blocked possible exits. The 1st accused, James Simon, was arrested and searched. The following items were found on him: N4,930 in cash, one necklace, two wrist watches, and a belt. The 1st accused led the police team to Jabi Motor Park where the appellant and the 3rd accused were arrested. They were searched and the police recovered cash, two handsets and jewellery from them. They were taken to the police station where they volunteered statements. The case was transferred to SARS (SCID) and handed over to PW2 who invited some of the victims. They made statements. The appellant also made a statement. PW3, the security guard, testified as to how in the course of his patrol around 3.40am, he saw someone near the generator house. As he walked towards him several other men emerged with weapons such as cutlass, machetes, sticks and a locally made pistol. They took him to the security post and tied him down. They left one person to guard him. According to him, the 1st and 3rd accused persons were the ones who tied him up. He could see their faces because there was light in the compound. They removed his handset, the sum of N1,505.00 and his security torch light. He was gagged and threatened with death if he raised an alarm. He identified the accused person at the police station. In his defence the appellant denied committing the offence and also denied making Exhibits C and A1. At the conclusion of the trial, in a well considered judgment delivered on 31/1/2012, the learned trial Judge found him guilty on each count of the charge and sentenced him to death by hanging. Dissatisfied with the decision, he appealed to Court of Appeal Abuja Division (the Court below), which on 23/1/2013, dismissed the appeal and affirmed the judgment of the trial court. Still dissatisfied he has further appealed to the Supreme Court.