armed robbery

A 36-year-old native of Ikot Andem Itam in Itu Local Government Area has been sentenced to death for armed robbery.

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Destiny James Okon was condemned by an Uyo High Court presided by Justice Archibong Archibong, having been found guilty of robbing Ubotex warehouse in Ifa Ikot Okpon, Uyo, 15th December 2015.

In a two-hour judgment, Justice Archibong 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.

Destiny had confessed to the Police that Ikechukwu Eme, the second accused person, told him that he had a job to monitor when he too…

He explained that one “Hausaman, Musa” called him on 15th December 2015 to assist him to the custody of some Cameroon Zinc, which he accepted and took them to his father’s house in Okobo, Ibiono Ibom.

Destiny said Ikechukwu, whom he claimed dealt 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, the so-called “Musa” has not come back until he was arrested on 18th December 2015.

In his judgment, Justice Archibong held that “it is obvious that the acclaimed “Hausman, Musa” is a fictitious person manufactured by the accused persons with the aim of misleading the Police in the course of the investigation.”

He also 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”.

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The Court further held that the Prosecution by circumstantial evidence of the Doctrine of Recent Possession has established its case beyond reasonable doubt.”

He said it was a clear case of violation of the presumption in Section 419 of the Evidence Act 2019 now Section 107 of the Evidence Act 2010, being the statutory version of the English Doctrine of Recent Possession.”

Justice Archibong said 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.”

The Court held that “from the totally of the evidence, it can deduce that Musa is a fiction of the imagination of the accused persons.

While sentencing Destiny James Okon to death, Justice Archibong held that the condemned armed robber should die in a manner to be directed by Akwa Ibom State Governor.


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