CORAM
mohammed garba-Justice of supreme court
emmanuel akomaye agim-Justice of supreme court
chioma egondu nwosu-iheme-Justice of supreme court
haruna simon tsammani-Justice of supreme court
jamilu yammama tukur-Justice of supreme court
PARTIES
NEWMAN OSI
APPELLANTS
THE STATE
RESPONDENTS
AREA(S) OF LAW
Criminal Law
Armed Robbery
Conspiracy
Identification Evidence
Alibi
Criminal Procedure
Appeal
SUMMARY OF FACTS
The appellant, Newman Osi, was convicted of conspiracy to commit armed robbery and armed robbery. On the 24th of December 2004, Osi and others (who are still at large) entered the home of the victims armed with firearms and robbed them of their possessions. The appellant was arrested the following day based on the identification by one of the victims, PW2, and was subsequently charged and arraigned. He pleaded not guilty, but the trial court convicted him and sentenced him to death by hanging. The Court of Appeal affirmed the conviction, leading to this final appeal to the Supreme Court.
HELD
The Supreme Court dismissed the appeal and affirmed the decisions of both the trial court and the Court of Appeal. It held that the evidence against the appellant, particularly the identification by PW2 and PW3, was credible and sufficient to establish his guilt. The appellant’s defense of alibi was found to be unsubstantiated, and the testimony of DW1 was deemed irrelevant as it was not raised in the grounds of appeal.
ISSUES
1. Whether the Court of Appeal was right in upholding the trial court’s conviction and sentencing of the appellant for conspiracy to commit armed robbery and armed robbery?
2. Whether the testimony of DW1, a senior police officer and head of the investigation team, was wrongly evaluated?
3. Whether the identification of the appellant by PW2 was reliable?
4. Whether the defence of alibi was properly considered by the trial court?
RATIONES DECIDENDI
BURDEN OF PROOF IN CRIMINAL CASES – PROOF BEYOND REASONABLE DOUBT
“The prosecution in a criminal case must prove its case beyond reasonable doubt. In this case, the prosecution presented strong and credible evidence that the appellant participated in the armed robbery, satisfying the required standard of proof.”
– Per Chioma Egondu Nwosu-Iheme JSC
IDENTIFICATION EVIDENCE – RELIABILITY OF EVIDENCE FROM VICTIMS WHO WERE FAMILIAR WITH THE ACCUSED
“Identification of the accused by PW2 and PW3 was reliable because the witnesses had seen the appellant before the incident and recognized him during the robbery.”
– Per Haruna Simon Tsammani JSC
WITNESS TESTIMONY – IMPORTANCE OF CONSISTENT EVIDENCE FROM MULTIPLE WITNESSES
“The testimonies of PW2 and PW3 were consistent and corroborated each other. The fact that they both identified the appellant as one of the robbers gave significant weight to the prosecution’s case.”
– Per Emmanuel Akomaye Agim JSC
ALIBI – FAILURE TO INVESTIGATE ALIBI IS NOT FATAL IF THERE IS EVIDENCE FIXING THE ACCUSED AT THE SCENE
“Even if the defense of alibi was not investigated by the police, the overwhelming evidence placing the appellant at the scene of the crime nullified the defense of alibi.”
– Per Mohammed Lawal Garba JSC
CONCURRENT FINDINGS OF FACT – WHEN THE SUPREME COURT WILL NOT INTERFERE WITH CONCURRENT FINDINGS
“The Supreme Court will not disturb concurrent findings of fact by lower courts unless those findings are shown to be perverse. In this case, the findings of the trial court and the Court of Appeal were well-supported by evidence and not perverse.”
– Per Jamilu Yammama Tukur JSC
EYEWITNESS IDENTIFICATION – PROXIMITY TO THE ACCUSED AND LIGHTING CONDITIONS CAN ESTABLISH RELIABILITY
“The evidence of PW2 and PW3 was credible as they had ample opportunity to observe the appellant under good lighting conditions during the robbery, which made their identification reliable.”
– Per Chioma Egondu Nwosu-Iheme JSC
CONSPIRACY – PROOF OF CONSPIRACY CAN BE INFERRED FROM THE CONDUCT OF THE ACCUSED AND OTHERS
“Conspiracy is often inferred from the actions of the parties involved. The appellant’s participation in the robbery, alongside others, established the element of conspiracy.”
– Per Haruna Simon Tsammani JSC
EVIDENCE FROM POLICE OFFICER – IMPACT OF A WITNESS DYING BEFORE CROSS-EXAMINATION
“Although DW1, a police officer, died before the conclusion of his cross-examination, his testimony did not significantly affect the case since his evidence was properly evaluated at trial.”
– Per Mohammed Lawal Garba JSC
MISTAKEN IDENTITY – EVIDENCE OF RECOGNITION IS MORE RELIABLE THAN A MERE IDENTIFICATION PARADE
“Recognition by a witness who is familiar with the accused prior to the crime is more reliable than an identification parade. The appellant was recognized by the witnesses during the robbery.”
– Per Emmanuel Akomaye Agim JSC
FAILURE TO INVESTIGATE – FAILURE TO INVESTIGATE ALIBI DOES NOT AUTOMATICALLY VITIATE PROSECUTION’S CASE
“Failure by the police to investigate the alibi of the appellant did not undermine the prosecution’s case because of the strong evidence placing the appellant at the scene of the crime.”
DEFENSES – DEFENSE OF ALIBI MUST BE RAISED AT THE EARLIEST OPPORTUNITY AND PROVEN
“The defense of alibi must be raised at the earliest opportunity and must be proven. In this case, the appellant’s alibi was weak and did not displace the strong evidence of his involvement in the robbery.”
– Per Haruna Simon Tsammani JSC
STANDARD OF PROOF – PROOF BEYOND REASONABLE DOUBT DOES NOT REQUIRE PROOF BEYOND ALL DOUBT
“Proof beyond reasonable doubt does not mean proof beyond all doubt. The evidence presented by the prosecution carried a high degree of probability, which was sufficient to meet the standard of proof.”
– Per Mohammed Lawal Garba JSC
ROBBERY – ESTABLISHING THE ELEMENTS OF ARMED ROBBERY
“The prosecution successfully established all three elements of armed robbery: that there was a robbery, that it was committed with a firearm, and that the appellant was one of the participants.”
– Per Jamilu Yammama Tukur JSC
CASES CITED
Not Available
STATUTES REFERRED TO
Robbery and Firearms (Special Provisions) Act Cap 398 Vol. 22 Laws of the Federation of Nigeria 1990
Constitution of the Federal Republic of Nigeria, 1999