Adesina Kayode V The State (2016)
LAWGLOBAL HUB Lead Judgment Report
OLUKAYODE ARIWOOLA, J.S.C.
This is an appeal against the judgment of the Court of Appeal, Ibadan Division delivered on the 12th day of October, 2011, wherein the conviction and sentence of the appellant for the offences of conspiracy to commit armed robbery and armed robbery were affirmed.
The appellant and two others had been arraigned and jointly charged before the High Court of Justice of Ogun State sitting in Ijebu Ode, with the following offences:
Count I
Conspiracy to commit armed robbery contrary to Section 6(b) and punishable under Section 1 (2) (a) of the Robbery and Firearms (Special Provisions) Act, (Cap. R.11), Laws of the Federation of Nigeria, 2004.
Count II
Armed Robbery contrary to Section 1 (2) (a) of the Robbery and Firearms (Special Provisions) Act, Cap, R11, Law of the Federation of Nigeria, 2004.
The facts of the case are as follows: Upon arraignment, the appellant had pleaded not guilty as the other two co-accused. The prosecution called two witnesses and tendered couple of exhibits including Statements obtained by the police. The appellant testified but called no other separate witness while the others also
testified in defence. The 1st accused however called his mother to testify.
The prosecutions case is that sometime on the 7th day of May, 2007, at about 9.30p.m., PW1 – Osiyemi Rafiu Niyi, the Managing Director of the FAO Petroleum Filling Station, Ilese via Ijebu-Ode, closed from work at the Station and drove out a M/Benz 230 car and headed toward the toll gate. He was in the car with one Samson Agbo, one of the Petrol Attendants. He carried with him in the car the total sum of three hundred and fifty seven thousand, one hundred and fifty Naira (N357, 150.00) being the proceeds of that day’s sale. As he got to Ilone, a Motorcycle he had noticed through the side mirror coming behind with three men on it overtook him and crossed his car in the front blocking his way. The said men came down and ordered him to come out of the car.He was dragged out of the car, attacked and taken into the nearby bush, where he was stabbed with a broken bottle. The attendant with him in the car escaped and ran away. The three assailants took away the money he had with him and the two telephone handsets. One of them threw his car key away into the bush, and sped off with the
motorcycle. PW1 cried for help and people came round to help. Some commercial motorcyclists pursued the assailants but could not get them. One of his brothers Leke Osiyemi later came to the scene of the Incident and mentioned that he had earlier seen the 1st accused, Kolawole Okunade, who was a member of the staff of Petrol Station, around the station.
The attack was reported to the Police. On the next morning of 8th May, 2007 at about 6.30am, PW1 went to the house of the 1st accused to ask him if he had any clue to the attack on him. The 1st accused was not in the house but one Biodun, a senior brother to him assisted to call the 1st accused on phone. The police were invited and arrested the 1st accused in his house. He later confessed to the crime and gave the names of the appellant and another as co-accused. Both the appellant and the co-accused were arrested. The sum of two hundred and forty three thousand, one hundred and thirty Naira (N243,130.00) was later recovered from 1st accused while one of the handsets-a Nokia was recovered from the appellant. The 1st accused took the police and PW1 to the spot where he had kept his black jacket he wore and
used for the operation. The victim was later taken to the State Hospital for treatment.
In defence, the appellant and the co-accused resiled on their statements earlier made to the police confessing to the crime. After the conduct of trial within trial, the trial Court overruled the objection to the admissibility of their statements. Each statement was admitted as Exhibits. At the conclusion of the trial, the Court in its considered reserved judgment found the accused persons guilty as charged, convicted and sentenced each of them to death by hanging.
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