An Akwa Ibom State High Court sitting in Uyo presided over by Justice Archibong Archibong, on Tuesday, sentenced a 36-year-old man, Destiny James Okon to death for armed robbery.
The convict, who hails from Ikot Andem Itam in Itu Local Government Area of Akwa Ibom State, was condemned after the Court found him guilty of robbing Ubotex warehouse in Ifa Ikot Okpon, Uyo, on 15th December, 2015.
Justice Archibong, in a two-hour judgement however discharged and acquitted two other accused persons, 40-year-old Ikechukwu Eme from Anambra State and Nwaigbo Kelechi, 36, from Ebonyi State, of the charges.
The trio were standing trial on a three-count of conspiracy, armed robbery, and unlawful possession of firearms.
Okon had confessed to the Police that Ikechukwu Eme, who is the second accused person, told him that he had a job to monitor when he took him to Ubotex warehouse in a broad daylight and posed as customers and returned at night to rob the warehouse.
He explained that one “Hausaman, Musa” called him 15th day of December, 2015 to assist him to custody some Cameroon Zinc, which he accepted and took them to his father’s house in Okobo, Ibiono Ibom.
He also told the court that Eme, whom he claimed deals in buying scrap items, was invited to buy the Zinc but told “Musa” that he would not buy the items because they were not scrapped, except Musa would provide receipts of the Zinc.
The first accused said since then Musa has not come back until he was arrested on 18th December, 2015.
In a judgement in the suit number HU/63C/ 2015, Justice Archibong held that “it is obvious that the acclaimed Hausaman ‘Musa” is a fictitious person manufactured by the accused persons with the aim of misleading the Police in the course of investigation”
He described it “as a ploy to deceive this Court into considering that someone else committed the offense of armed robbery or that the first accused person did not participate in the robbery”.
The Court further held that the Prosecution by circumstantial evidence of the Doctrine of Recent Possession, has established its case beyond reasonable doubt.
“It was clear case of violation of the presumption in Section 419 of the Evidence Act 2019 now Section 107 (5) of the Evidence Act 2010, being the statutory version of the English Doctrine of Recent Possession.
” It could not have otherwise if a person is found in possession of property which was properly reported to have been recently stolen with or without violence from another person.
“From the total of the evidence, in this case, I can deduce that Musa is a fiction of the imagination of the accused persons. You are hereby sentenced to death. You shall die in a manner to be directed by Akwa Ibom State Governor. May God have mercy on your soul.” Court held.
