PETER UCHE & ANOR V. THE QUEEN

Per BAIRAMIAN, J.S.C delivering the Judgment

The two appellants, with two others who have not appealed, were convicted in the High Court at Jos on two counts – No. 1 and No. 5 of the charge – and the first appellant was also convicted on a count of offering a bribe to the police.

The first count stated that the four defendants with a person unknown committed brigandage by stopping vehicle KB 7141 and robbing the occupants of £420 in all, an offence contrary to section 297 of the Penal Code punishable under section 301; the 5th count, which was added by Holden J., stated that the four defendants with a person unknown robbed Frank Nwachukwu of £370 being at the time armed with dangerous and offensive weapons, an offence contrary to section 296(2) punishable under section 298(c).

It was objected at the end of the trial that the offence having become brigandage, which is robbery by five or more persons, could not revert to robbery. The judgment deals with the objection in this way

“The mere f…