Michael Oloye V The State (2018)

LAWGLOBAL HUB Lead Judgment Report

OLUKAYODE ARIWOOLA, J.S.C.

The appellant and one other were arraigned and charged with the following offences:-

COUNT 1

Conspiracy to commit a felony to wit 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 2

Armed Robbery, Contrary to Section 1(2) (a) of the Robbery and Firearms (Special Provisions) Act, (Cap. R.11) Laws of the Federation of Nigeria, 2004.

The appellant was the 1st accused while one Sunday Adoba was the 2nd accused person. Upon the reading of the charge to both of them, each pleaded not guilty to the charge and the case proceeded to hearing. The prosecution called three witnesses while each of the accused testified in defence but did not call any other independent witness.

The case for the prosecution goes thus: On the 1st day of May, 2008, the accused persons, at Idedo village along Owode/Idiroko road, near Iju town, riding on a Nissan Bluebird car and posing as policemen, accosted the PW1 – one Mrs Kudirat Olawunmi, while she was travelling in her

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Nissan Vanette bus with her aides, towards Sango. The accused flashed police identity cards and asked for the vehicle particulars which the PW1’s driver produced. The accused asked if the PW1 had any contraband in her vehicle but PW2 answered in the negative. The accused persons then started to search the bus and discovered the sum of three hundred and sixty five thousand naira (N365,000), the property of PW1, in a polythene bag where it was kept and took the money. The 2nd accused pulled out a pistol and ordered the PW1 and her team to enter the bus. The accused dropped the money in their Nissan Bluebird car and drove off, initially towards Sango but later made a U-turn towards Atan. The PW2, by the steering of PW1’s car chased the accused and pursued them, but after a while lost sight of the accused. However, with the help of some policemen at a check point and some commercial Motorcycle riders at Atan junction, the PW1’s team became aware that the accused had driven towards Agbara direction, hence they followed them. The accused later abandoned their car and tried to escape in a village. The accused fled but with the assistance of the villagers,

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they were arrested while trying to escape through a river. The 3rd suspect however, escaped with the money. The accused were later taken to Agbara police station where both PW1 and PW2 made statements.

PW3, then Inspector Gideon Ogunlabi was the Investigation Police Officer (IPO), formally serving at the Anti-Robbery Section, State CID, Abeokuta. On 5th of May, 2008, a case of armed robbery was referred to him for investigation from Agbara Division. He obtained the statements of the witnesses and the accused persons who volunteered their statements. He observed that the statements of the two accused were confessional in nature, hence he took each of them before a Superior Police Officer, ASP Sola King. The two accused confirmed that the statements were their voluntary statements and then signed same before the ASP. PW3 also signed and the ASP endorsed same. The said statements were tendered in evidence and were admitted without any objection and marked Exhibits A and B for the 1st and 2nd accused respectively. The Investigating Police Officer at the Divisional level – one Seargent Njoku, was reported to be on a foreign mission but his own statement had been

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