OKOSUN & ORS. V. A-G. BENDEL STATE

• Pages: 1327-1339

OKOSUN & ORS. V. A-G. BENDEL STATE

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1327

OKOSUN & ORS. V. A-G. BENDEL STATE

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1.

JOSEPH OKOSUN

2.

SAMSON OSARENKHOE

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APPELLANTS

10 3. BERNARD ASEMOTA

V

A-G. OF BENDEL STATE

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RESPONDENT

SUIT NO. SC 252/1984

SUPREME COURT OF NIGERIA

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BELLO,

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J.S.C.

NNAMANI,

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J.S.C.

UWAIS,

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J.S.C.

KARIBI-WHYTE,

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J.S.C.

KAWU,

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J.S.C.

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29th November, 1985

Criminal Law and Procedure - Parties to Offence - Liability of co-conspirator as

principal offender - Aimed Robbery - Three accused charged with conspiracy

to commit armed robbery - 1st and 2nd accused alone with armed robbery

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(Both offences punishable with death) - 3rd accused guilty as innocent

agent or merely guilty of robbery simpliciter (punishable only with imprisonment),

or liable as prescribed in Edict as principal offender - Common intention of

accused to commit armed robbery inferred from evidence.

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ISSUES:

1.

When is the offence of conspiracy established in criminal cases.

2.

Whether there is need in establishing a charge of conspiracy to prove that the

conspirators had come together for the purpose or that there had been previous

consultation amongst the conspirators.

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3. Whether a conviction for conspiracy to commit armed robbery carries the same

penalty as a conviction for the actual robbery.

4. When will the Supreme Court review concurrent finding of facts by the two lower

courts?

FACTS:

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On the 11th day of January, 1982, the appellants and one Theophilus Nwa-

chukwu (alias Cotonue), were arraigned before the High Court of Bendel State,

sitting at Benin, on a three count charge. All the four accused persons were

charged on count one with conspiracy to commit the offence of armed robbery,

punishable under S.3A(b) of the Robbery and Firearms (Special Provisions) Act

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1970. On the second count the appellants were charged with armed robbery, pun-

ishable under S.1(2)(b) of the Robbery and Firearms (Special Provisions) Act

1970. The Third Count charged the 4th accused only with aiding and abetting

armed robbery, punishable under :3.3A(a) of the Act. All the accused persons

pleaded not guilty to the charges, and at the end of the case, the learned trial judge

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came to the conclusion, on the totality of the evidence adduced, that the case

against the 4th accused person, had not been proved and he was accordingly ac-

quitted and discharged. The appellants (1st to 3rd accused) were, however, con-

victed of the offence of armed robbery and sentenced to death. They all appealed

to the Court of Appeal and their appeal was dismissed. It was as a result that they