greatest respect, I do not think that the trial Court gave due consideration
to the totality of evidence before it. I am of the view that the evidence
before the trial Court was not enough to ground a conviction for the
offence of armed robbery.
Even if we believe that P.W.5 saw a man riding on a motorcycle behind a
jeep, there is no certainty that that man was the Appellant and that he
subsequently committed armed robbery. There is also nothing that says
that a person riding behind a stolen car is aware that that vehicle is about
to be stolen. Suspicion no matter how strong cannot amount to evidence
beyond reasonable doubt. See Isah v. State (2007) NWLR (Pt.1049) 582;
Onah v. State (1985) 3 NWLR (Pt.12) 236; Omolara Bajulaiye v. The
State (2012) LPELR-7995 (CA); Oguno & Anor v. The State
(2013)LPELR-20623 (SC).
There is also no doubt of the evidence of bad character of the Appellant.
The Appellant himself testified that he was a narcotics dealer, but he is not
on trial for that. The punishment should fit the crime and as far as the
crime of armed robbery is concerned, I am not convinced that the
Appellant is indeed one of the people who committed the crime against the
complainant.
In the circumstances, the Appeal is allowed. The conviction of the
Appellant is set aside. I enter a verdict of acquittal and he is hereby
discharged. The judgment of the Anambra State High Court delivered by
Hon. Justice Peter N. Umeadi in charge no.0/14c/2009 is hereby set aside.
Appeal Allowed.
MASSOUD ABDULRAHMAN, JCA: I have had the opportunity of
reading while in draft, the lead judgment just delivered by my learned
brother, Justice Helen Moronkeji Ogunwumiju, JCA. I entirely agree with
the lucid reasoning and conclusion reached therein to the resonating and
gainful effects, that the instant appeal has abundant and manifest merits.
Additionally, that it should be allowed. In the given premise, I also allow
the appeal and set aside the decision of the Lower Court, inclusive of the
conviction and sentence imposed on the appellant herein. A verdict of
discharge and acquittal is thereby entered in respect of the appellant.