In this case, there is no argument that there was a robbery or that it was an
armed robbery. The only question remaining is whether the Appellant was
one of the armed robbers. Let me briefly restate the facts of this case.
On 4/5/08, a group of men possessing dangerous weapons stole a Toyota
Highlander Jeep and other valuables from PW1 and some of her friends
who were in the vehicle with her. On the same day, PW1 and the other
victims went to the Police station but only PW1 gave a statement to the
police in which she claimed she could not identify any of the armed
robbers. The next day PW2 met with PW5 and told her of the incident. On
12/5/08, PW1 wrote a petition complaining about the incident to the
Commissioner of Police and stated that one of the occupants of the car
knew one of the armed robbers whom she names as Afam Okeke - the
Appellant in this case. PW5 allegedly told P.W.2 that she had seen the
Appellant riding a motorcycle behind the stolen car the day before the
incident. On the 11/7/08, more than two months later, PW1 made a
statement (Exh B) to the SARS Awkuzu and PW2 made (Exh C) on
15/7/08, in respect of the incident. PW1 got the opportunity to meet the
Appellant on the 11/7/08 when she went to make her statement at SARS
Awkuzu after the Appellant was arrested. PW1 identified the Appellant as
one of the armed robbers by nodding her head when the Appellant was
shown to her in handcuffs. PW2 in her statement to SARS and in Court
said that she could identify the accused person as he lived near her in
Umusiome village. PW5 also corroborated the testimony of PW2. PW3 is
the I.P.O attached to the Anti Robbery Squad Inland Town Police Station
Onitsha who was put in charge of the case of car snatching reported by the
Complainant. The Exhibits on Record are as follows: Exh A is the alleged
statement of PW1 made to the police at Inland Town Police Station
Onitsha on 4/5/08 which was expunged by the Trial Court for being a
forged document. Exh B is the statement of P.W.1 to SARS Awkuzu on
11/7/08. Exh C is the statement of P.W.2 to SARS Awkuzu on 15/7/08.
Exh D is the medical form issued to PW1 as a result of the bruises she had
on her leg when she came to report the case of car snatching on 4/5/08.
Exh E is a letter addressed to the Anambra State Broadcasting Service on
5/5/08 from the Police station regarding the car snatching for
dissemination, broadcast of the information of the missing vehicle. Exh F
is the investigation report dated 8/5/08 compiled as a result of the PW1's
complaint at the Inland Police Station. Exh H is the Police interim report