EZE V. STATE

• Pages: 1340-1350

1340



NIGERIAN SUPREME COURT CASES

[1985] 2 N.S.C.C.

EZE V. STATE

5

EVERIST EZE



APPELLANT

V

THE STATE



RESPONDENT



10

SUIT NO. SC 158/1984

SUPREME COURT OF NIGERIA

OBASEKI,



J.S.C.

ANIAGOLU,



J.S.C.

UWAIS,



J.S.C.



15

KAZEEM,



J.S.C.

OPUTA,



J.S.C.

6th December, 1985

Criminal Law and Procedure - Recent - Possession - Inference from - Defendant



20

found in the vicinity of motor-cycle stolen at dawn same day from owner at

gun point and in unexplained possession of its ignition key - Defendant

identified by victim as one of two persons who robbed him - Inference of

defendant's possession of the motor-cycle and of his complicity in the robbery

rightly drawn by trial Judge - Conviction of armed robbery re-affirmed.



25

Words and Phrases - "Possession".

ISSUES:

1.

Whether it is proper for a Court of Appeal to upset a trial court's findings of fact



30

based on the credibility of witness that saw, heard and believed, where the trial

court's decision was reasonable considering the evidence.

2.

Whether a trial court may by inference presume the existence of certain facts

during the trial.

3.

Whether an Intention to kill' is an essential ingredient of armed robbery contrary



35

to Section 1(2)(a) of the Armed Robbery and Firearms (Special Provision)

Decree 1970.

4.

Whether a report containing a recommendation for mercy under the provisions

of s.370 (1) of the Criminal Procedure Law (Cap. 31 of 1968) of Eastern Nigeria.

forms part of the judgment of a trial Judge.



40

FACTS:

The appellant was tried on a charge of armed robbery contrary to s.1(2)(a) of

the Armed Robbery and Firearms (Special Provisions) Decree 1970, convicted

and sentenced to death. The article stolen in the act was a model 125 Suzuki motor

cycle registration No. IM1453 Exhibit D belonging to P.W.1 Livinius Eke. The rob-



45

bery took place along the highway. Faulks Road, Aba, at about 5 a.m. in the morn-

ing of the 14th of July, 1981. P.W.1 identified the appellant as one of the two men

who robbed him. In particular, he recognised him as the person who pointed the

gun at him and when he dropped his motor cycle to escape death and took to his

heels, he fired the gun at him as he turned and fled. The ignition key of the motor-



50

cycle was also found in the pocket of the appellant at the time of his arrest. With

all these the trial court committed and sentenced the appellant for armed robbery.

Not being satisfied with the decision of that court the appellant appealed to the

Federal court of appeal, where the judgment and sentence of the trial court was