Kushimo V. State (2021)

LAWGLOBAL HUB Lead Judgment Report

IBRAHIM MOHAMMED MUSA SAULAWA, J.S.C. 

The instant appeal is consequent upon the judgment of the Court of Appeal, Ibadan Judicial Division delivered on October 28th, 2016, in appeal No. CA/IB/227/2015. By the judgment in question, the Court below affirmed the judgment of the High Court of Ogun State, holden at Abeokuta, delivered on December 18th, 2014, in charge No. AB/2R/2013, thereby convicting and sentencing the Appellant and one other person to death by hanging for the offences of conspiracy to commit robbery and armed robbery, punishable under Sections 6(b) and 1(2) (a) of the Robbery and Fire Arms (Special Provisions) Act CAP R11, Laws of the Federation of Nigeria, 2004.

BACKGROUND FACTS

On July 17th, 2013, the Appellant and one other person were arraigned before the trial High Court upon a four count information – viz:

COUNT I

STATEMENT OF OFFENCE

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 R11) Laws of Federation of Nigeria, 2004.

PARTICULARS OF OFFENCE

​LUKMAN KUSHIMO (M), OLALEKAN MUSTAPHA and others now at large, on or about the 16th of September, 2010, at No. 62 Isabo Road Abeokuta, in the Abeokuta Judicial Division conspired to commit a felony to wit: Armed Robbery.

COUNT II

STATEMENT OF OFFENCE

ARMED ROBBERY, Contrary to Section 1(2)(a) of the Robbery and Firearms (Special provision) Act, (Cap R11) Laws of Federation of Nigeria, 2004.

PARTICULARS OF OFFENCE