Harrison Essien
A 30-year-old miscreant, Nse James Asuquo has been sentenced to death by hanging for robbery attack carried out with his gang in the early hours of 4th February, 2021, at Nung Atai Street, off Obio Imo Street, Uyo, Akwa Ibom State Capital.
Asuquo, a native of Ituk Mbang in Uruan Local Government Area was arraigned on an eight-count charge bordering on conspiracy to rob under the Robbery and Firearms (Special Provisions) Act, Cap R11, Laws of the Federation of Nigeria, 2004.
The charges stemmed from an invasion of a residential compound at 36, Nung Atai Street, Uyo, where residents were dispossessed of valuables including mobile phones and television sets.
Trial commenced on 13th July, 2022 when the prosecution called two witnesses and tendered several exhibits.
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The first prosecution witness (PW1), Wisdom Williams, a teacher and resident of the compound, gave an eyewitness account of the incident.
Williams testified that at about 1:32 a.m., he heard unusual noises and saw a large group of young men storm into the compound.
“They were breaking into each of the rooms one after the other. When they broke into my room through the kitchen, they were four in number. They ordered me to lie down and shone torchlight in my face,” he said.
Williams further stated that the assailants beat him with a machete and demanded N100,000.
When he denied having such money, they searched his room and carted away his Infinix Hot Note X551 phone, another Tecno phone, and a GoTV remote.
The Investigating Police Officer (PW2) tendered a machete allegedly used in the operation and an extra-judicial statement said to have been made by the defendant.
Central to the case were two extra-judicial statements allegedly made by Asuquo on February 4 and February 5, 2021.
The defence objected to their admissibility, claiming they were obtained under duress.
In a detailed ruling, the court rejected the February 4 statement, holding that it was inadmissible hearsay because the interpreter who allegedly participated in recording it, did not testify, in line with the Supreme Court decision in FRN v. Usman & Anor (2012).
However, the court admitted the February 5 statement (marked Exhibit F), ruling that the defence failed to establish that it was involuntary.
Sentencing the robber, Hon. Justice Gabriel Ette of Akwa Ibom State High Court in Uyo, held that mere allegations of torture without credible supporting evidence were insufficient to discredit the statement.
In Exhibit F, Asuquo, who said he worked as a tout at Akpan Andem market in Uyo, admitted that he acted as a lookout during the robbery operation, while others entered the compound.
He stated that the robbery plan was hatched along Aka Road, Uyo, by him and other gang members identified as Victor Okon, Peter John, “Ability,” and others still at large.
In a one hour judgment, the trial judge, Hon. Justice Ette held that to secure a conviction for armed robbery, the prosecution must prove that a robbery occurred, that it was an armed robbery and that the defendant participated in it.
The court found that the prosecution did not rely on circumstantial evidence or eyewitness identification, but rather on the defendant’s confessional statement.
The judge held that a voluntary, positive, and unequivocal confession can ground a conviction even without additional corroboration, provided it satisfies legal tests.
After evaluating the exhibit against the evidence presented, the court found extrinsic corroboration, including recovery of some stolen items, the defendant’s admission of being stationed outside as a lookout, and his acknowledgment that he was arrested by the Police Quick Response Squad.
The court found Asuquo guilty on conspiracy to commit armed robbery and armed robbery relating to PW1’s residence.
Delivering judgment, Hon. Justice Gabriel Ette delivered a strongly worded remark:
“People who abandon the comfort of their beds at night to invade the privacy of others and harm them, should not forget that whoever murders sleep has inadvertently denied himself the comfort of sleep too.”
The court sentenced Asuquo to seven years’ imprisonment without option of fine on Count 1 (conspiracy); and death by hanging on Count 4 (armed robbery).
The judge, therefore, ordered that he “be hanged by the neck until he is dead,” adding: “May the Lord, whose discretion it is, have mercy on your soul.”
