SIMON UCHENNA OGUCHE V. THE STATE

MUHAMMED LAWAL SHUAIBU, J.C.A. (Delivering the Leading Judgment): This appeal is against the judgment of the High Court of Cross-Rivers State, sitting at Ikom Judicial Division delivered on 26th June, 2014 wherein the appellant was convicted and sentenced to death.

A summary of the facts leading to this appeal as could gleaned from the printed record shows that one Emmanuel Enya who gave evidence as PW2 was returning home on 15th March, 2012 at Iko State Housing Estate at about 10pm when his house maid came out to open the gate for him, she noticed that some people were following him and immediately drew his attention. He was however overpowered by the men, who were armed with locally made guns. The armed men took from him the sum of two hundred and fifty thousand naira, his clippers and other sundry items.

​Upon noticing the presence of strange persons in the locality, the attention of PW1, the head of a local vigilante group was drawn and he in turn mobilized his men to the scene wher…