Alabi Tope V. The State (2019)

LAWGLOBAL HUB Lead Judgment Report

UWANI MUSA ABBA AJI, J.S.C.

This appeal is against the judgment of the Court of Appeal, Ekiti Judicial Division, delivered on 20/2/2015, which affirmed part of the judgment of the High Court of Ekiti State, which convicted and sentenced the Appellant to 5 years imprisonment for house breaking and life imprisonment for attempted robbery, contained in the Charge dated 24/11/2010 at page 9-10 of the record as follows:

COUNT ONE:

That you, Alabi Tope (M), on or about 7th day of April, 2010 at about 1:00am at No. 10 Bolorunduro Street, off Nova Road, Ado-Ekiti in the Ado Judicial Division, broke into the house of one Mrs Ademilua Risikat with intent to commit felony to wit stealing and thereby committed an offence contrary to Section 411(1) of the Criminal Code Act, Cap C38 Vol.4, Laws of the Federation of Nigeria, 2004,

COUNT TWO:

That you, Alabi Tope (M), on or about 7th day of April, 2010 at about 1:00am at No. 10 Bolorunduro Street, off Nova Road, Ado-Ekiti in the Ado Judicial Division, stole a Nec phone, Nokia phone 1208, Motorolla C17, Jewelries, one Desktop Charger, Three Nokia

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batteries and the sum of (N35,000.00), properties of one Mrs Ademilua Risikat and thereby committed an offence contrary to Section 390(9) of the Criminal Code Act, Cap C38 Vol. 4, Laws of the Federation of Nigeria, 2004.

COUNT THREE:

That you, Alabi Tope (M), on or about 8th day of April, 2010 at Road 2 zone 6 Olorunda Quarters, Ado-Ekiti in the Judicial Division while armed with offensive weapon to wit: cutlass robbed one Mr Michael Nwaobi of his Nokia phone and thereby committed an offence contrary to Section 1(2)(A) of the Robbery and Firearms (Special Provisions) Act, Cap RII, Laws of the Federation of Nigeria, 2004.

The facts as alleged are that on 8/4/2010, the Appellant with others broke into the house of one Michael Nwaobi with cutlass and sticks at Olorunda Area of Ado Ekiti, Ekiti State. Unfortunately for the Appellant and his accomplices, they were caught by the occupants of the house who engaged them in a fight wherein the intruder injured one of the occupants but the police was alerted and they napped the Appellant before he escaped. He confessed to the crime and also revealed that he broke into the house of one Mrs. Risikat

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Ademilua on 7/4/2010, carting away her valuables. He was then arraigned for house breaking, stealing and armed robbery. The prosecution called 4 witnesses while the Appellant testified for himself and confessed that although he went to rob, he did not carry any weapons and did not steal anything.

After the close of the trial, the trial Court convicted and sentenced the Appellant to 5 years and life imprisonment respectively for stealing and attempted armed robbery and struck out Count 2 as unknown to law. On appeal to the lower Court, the conviction and sentence for stealing was set aside while his conviction and sentence for attempted armed robbery was affirmed, hence this appeal by the Appellant.