Samuel Isheno V Julius Berger Nig. Plc (2008)

LAWGLOBAL HUB Lead Judgment Report

I.T. MUHAMMAD, J.S.C

The Appellant herein, was arraigned before the High Court of Justice, Abeokuta, Ogun State (trial court) on the following counts:

COUNT ONE

SABURI ADEBAYO (M) on or about the 11th day of March, 1994 at Elekuro Village, via Ifo in Ogun State of Nigeria did conspire together with others still at large to commit a felony to wit: Armed robbery and thereby committed an offence 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.

COUNT TWO

SABURI ADEBAYO (M) on or about the 11th day of March, 1994 at Elekuro Village, via Ifo in Ogun State of Nigeria while in the Company of others still at large did rob one Saliu Afolabi of the sum of N100.00k and a Suzuki Motorcycle with Reg. No. OG 7842 DA and at the time of the said robbery were armed with cutlasses and thereby committed an offence contrary to and punishable under Section 1(2)(a) of the Robbery and Firearms (Special Provisions) Act, Cap. 398 Laws of the Federation of Nigeria, 1990.

COUNT THREE

SABURI ADEBAYO (M) on or about the 11th day of March, 1994 at Elekuro Village, via Ifo in Ogun State of Nigeria while in the Company of others still at large did rob one Oladehinde Segun of the sum of N100.00k and at the time of the said robbery were armed with cutlasses and thereby committed an offence contrary to and punishable under section 1(2)(a) of the Robbery and Firearms (Special Provision) Act. Cap. 398 Laws of the Federation of Nigeria, 1990.

The appellant pleaded not guilty to each of the counts.Trial began in earnest on the 22nd day of October, 1999. The Prosecution called six witnesses. The appellant testified on his own behalf and called no other witness. The defence and the prosecution addressed the trial court respectively. Judgment was finally delivered by the learned trial judge on the 11th day of February, 2000. The appellant was found guilty on all the three counts and was accordingly sentenced to death by firing squad on each count.

The court ordered sentences to run concurrently.Dissatisfied with the trial court’s judgment the accused/appellant filed an appeal to the Ibadan Division of the Court of Appeal (court below). The court below affirmed the decision of the trial court.

The appellant was aggrieved further and he came to this court on appeal. The Notice of Appeal Contained 3 Grounds of Appeal (pp 89 – 92 of the record).

In this court, briefs by the parties were filed and exchanged. The appellant formulated one issue which reads as follows:”Whether the lower court failed to consider the legal effect of joint consideration of counts 1 and 2 together; and if so whether the failure occasioned injustice to the Appellant.”

The respondent on its part, formulated the following issue for determination:

“Whether there was any aspect of the lower court’s judgment which occasioned injustice to the Appellant.”