Olayode V. State (2020)

LAWGLOBAL HUB Lead Judgment Report

MUSA DATTIJO MUHAMMAD, J.S.C.

The appellant was arraigned and convicted along with one Fahd Kamaldeen and two others, then at large, for conspiracy and the series of armed robberies they carried out between 2010 and 2011 in Ilorin metropolis on a thirteen count information. On account of the same information, they were also charged for killing the owner of one of the supermarkets in the course of one of the robberies. Their trial and conviction occurred under the Robbery and Firearms (Special Provisions) Act 2004 and the Penal Code for the conspiracy, robbery and culpable homicide respectively.

Under the 1st and 2nd counts, the accused were charged with conspiracy and the robbery at the Peculiar Grace supermarket where, on 4th May 2011, while armed, they dispossessed the owners and staff of the shop various items including money, Blackberry and Nokia x2 handsets and a KIA Rio car with registration number Lagos DL 8505 D. The offences are punishable under Sections 6(a) and 1(2)(a) and (b) of the Robbery and Firearms (Special Provisions) Act 2004.

Under counts 3 and 4, the information, the appellant and the others were accused of conspiring and robbing the Food and Nut supermarket Ilorin and one of its customers Dr. Mohammed Jamiu Adeyi of their money and handsets on the 12th of April, 2011.

Counts 5 and 6 alleged conspiracy and robbery by the appellant and the other accused persons against one Mrs. Franca Mbanugo whom they dispossessed of her Toyota Camry car and other items on the 25/10/2010 at gun point.

Under counts 7 and 8 of the information, the group were alleged to have conspired and, while armed, robbed Olumese and Sons Beer Distributors of large sums of money sometime in November 2010.

In counts 9, 10 and 11 of the information, the appellant and the others were accused of not only conspiring and robbing the ‘B’ System supermarket located at Ahmadu Bello Way Ilorin, owned by one Basil Nwafor, they also shot and killed the latter.

The appellant and his co-accused were alleged under the 12th and 13th counts for conspiring and robbing, at gun point, Buno supermarket, located at No. 34 Offa Road Ilorin, on 1st December 2010.

One Mr. Monday Oginndiagba, PW 17, investigated the case against the criminal group.

He testified with sixteen others for the prosecution at the Kwara State High Court sitting in Ilorin.

The brief facts of the case against the appellant and the others is that on the 19th May, 2011 the group, while driving in a Honda car with registration number Kwara AH 195 FUF, were flagged down by a team of SARS police officers along Airport Road Ilorin. They refused to stop. The patrol team pursued and arrested the appellant. His co-travelers in the vehicle had escaped arrest. In the course of investigation, the appellant and Fahd Kamaldeen, his co-accused, made confessional statements all of which were tendered after a trial within trial had been conducted following the objection raised against their voluntariness. Appellant’s confessional statements, tendered and admitted through PW17, are marked Exhibits N and O.

PW4 is the owner of Exhibit E, the Nokia handset, she told the trial Court she had been dispossessed of at the Peculiar Grace supermarket by the appellant and his co-accused. Exhibit E was recovered in the Honda vehicle driven by the appellant on the day of his arrest by the SARS patrol team.

PW4, PW5, PW6, PW9, PW10 and PW13, all eye witnesses to some of the robberies and the killing of Mr. Basil, fixed the appellant to the venue of the respective offence as a participant.

Appellant and his co-accused, were further identified at an identification parade by their victims who had variously, before appellant’s arrest, reported their being robbed. The identification parade took place at the SARS police office.