Idowu Okanlawon V The State (2015)
LAWGLOBAL HUB Lead Judgment Report
OLUKAYODE ARIWOOLA, J.S.C.
This is an appeal against the judgment of the Court of Appeal Ibadan Division (hereinafter referred to as “court below”) delivered on 22nd day of June, 2012.
The appellant had been charged along with three others on two counts as follows:-
Count I
That you, Lukman Olufeko (m) Idowu Okanlawon (m) Akeem Jimoh (m), Isikilu Olanipekun (m) and others now at large on or about the 18th day of August, 2002 at Ewi’s compound Oke Efon area of Abeokuta in the Abeokuta Judicial Division conspired together to commit a felony to wit: Armed Robbery contrary to Section 5(b) and punishable under Section 1 (2) (a) of the Robbery and Firearms (Special Provisions) Act Cap. 398, Laws of the Federation of Nigeria, 1990 as amended by the Tribunal’s (Certain Consequential Amendments etc) Act, 1999.
Count II
That you, Lukman Olufeko (m), Idowu Okanlawon (m), Akeem Jimoh (m), Isikilu Olanipekun (m) and others now at large on or about the 18th day of August, 2002 at Ewi’s compound, Oke Efon area of Abeokuta in the Abeokuta Judicial Division while armed with firearms to wit: guns and other offensive weapons did rob one Evangelist Oluseye Ogunremi of a Nokia Mobile handset and a Sagem mobile handset valued at N65,000.00 and a cash of N80,000.00 and thereby committed an offence contrary to Section 1 (2) (a) of the Robbery and Firearms (Special Provisions) Act Cap. 398 Laws of the Federation of Nigeria, 1999 as amended by (Certain Consequential Amendments) Act, 1999.
Upon arraignment, each one of them pleaded not guilty to the charge. They were tried, found guilty as charged, convicted and each sentenced to death by hanging in the judgment of the trial court delivered on Tuesday the 21st day of June, 2005 by Shoremi, J. (as he then was) in Ijebu Ode, Ogun State of Nigeria.
The appellant herein as 2nd accused was dissatisfied with the conviction by the trial court hence he appealed to the court below which court dismissed his appeal and affirmed his conviction and sentence by the trial court. That decision led to the further appeal to this court.
The facts of this case are as follows:- Sometime on the 18th day of August, 2002, the appellant and three others already mentioned in the charge above along with others still at large, armed with firearms to wit: guns and other offensive weapons conspired and robbed one Evangelist Oluseye Ogunremi of two handsets both valued at N65,000 and a cash sum of N80,000. At the trial, prosecution called nine (9) witnesses to prove its case. The appellant testified in defence but called no other witness.
PW2 was the complainant into whose house the appellant and his co-accused were alleged to have broken at about 3.30am on 18/8/2002. They were said to be armed with various dangerous weapons including firearms, cutlasses and iron rod. They demanded for money. PW2 was subsequently hit on the head with an Iron rod by one Isikilu Olanipekun, the 4th accused, tried with the appellant. The appellant was said to have searched and ransacked the house of PW2, carting away his two handsets of Nokia and Sagem with cash sum of N80, 000.00.
PW1 was one Bola Alausa. He was an Electronic repairer. He was the one whom the 1st accused approached for him to buy the two handsets or help him dispose off the sets, for the sum of N3,000.00.
PW1 became suspicious of the 1st accused and in the cause of his fiddling with the handset by calling on the phone numbers on one of the handsets, PW2 answered a call and narrated the story of how he was robbed of the handsets and some amount of money. That led to the arrest of the 1st accused, upon the matter being reported to the police. The 1st, 2nd, 3rd and 4th accused persons were later arraigned before the trial court. The appellant along with the others testified in defence. He denied that he ever robbed anyone. He was tried, found guilty, convicted and sentenced along with the others to death as prescribed. His appeal to the court below was found to be devoid of merit and was dismissed, leading to the instant appeal, upon five (5) grounds.
When the appeal came up for hearing on 7/5/2015, learned counsel for the appellant identified the appellant’s brief of argument which was settled by Uche Ihediwa, Esq., and was filed on 11/12/2013. He adopted and relied on same to urge the court to allow the appeal and set aside the judgment of the court below which had earlier affirmed the conviction and sentence of the appellant by the trial court. He further urged the court to acquit the appellant and discharge him of the two count charge.
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