Tajudeen Adeyemi V. The State (1991)

LawGlobal-Hub Lead Judgment Report

O. OLATAWURA, J.S.C. 

The four appellants were charged on two counts of conspiracy and robbery contrary to sections 403(A) and 402(2)(a) respectively of the Criminal Code Law of Lagos State. The two counts read as follows:

“STATEMENT OF OFFENCE – 1st Count

Conspiracy contrary to Section 403(A) of the Criminal Code

PARTICULARS OF OFFENCE

(1) Tajudeen Adeyemi (m); (2) Akinlade Rufus (m); (3) Lateef Yusuf Giwa (m); (4) Gabriel James Hart on or about the 1st of February, 1982 at Abule Oja Bus Stop in the Lagos Judicial Division conspired together to rob.

STATEMENT OF OFFENCE -2nd Count

Armed robbery contrary to Section 402(2)(a) of the Criminal Code Law.

PARTICULARS OF OFFENCE

(1) Tajudeen Adeyemi (m), (2) Akinlade Rufus (m), (3) Lateef Yusuf Giwa (m), (4) Gabriel James Hart on or about the 1st of February, 1982, being armed with offensive weapons to wit: knives and cutlasses robbed one Sunday Oresanya of the sum of N14.00, his vehicle Registration “No. LA.9455 W valued at N500.00 and Wrist watch valued at N20.00 properties of Sunday Oresanya”

The facts relied upon by the prosecution were that on 1st of February, 1982, one Johnson Sunday Oresanya the owner of a Volkswagen Igala LA.9455 W was driving the said vehicle about 10.00 p.m. along Yaba area of Lagos. At the Customs Office in Yaba the 4th appellant suddenly crossed the road and stopped. While Oresanya (who later became the first prosecution witness) was asking him why the 4th appellant suddenly crossed the road, the 2nd and 3rd appellants had opened the back door of his car and took their seats. The first accused entered the car by the front door. He held a cutlass and threatened him with it. Before that, the 2nd appellant who was already in the back seat held his neck.

The 3rd appellant also held “an implement which I thought was a knife.” The 1st prosecution witness concluded his life was in danger as he thought the 3rd appellant would stab him with what was in his hand. As a result of the fright emanating from the dangerous situation he found himself he asked all of them what they wanted. He first of all brought out N4.00 from his pocket. This was snatched from him by the 4th appellant.

The 4th appellant also demanded his wrist watch. The 1 P.W. in a state of helplessness stretched out his hand, the 4th appellant removed the wrist watch from him. The 1st appellant opened the door of the car for him to get out of the car. Before that the 1st appellant had asked him if he had anything else on him again. He took out the remaining. N10.00 from his pockets and he raised up his hands.

This sum, the 1st appellant snatched from him before he took over the driving of the car. Shortly after his car was driven off, 1 P.W. stopped a car which took him to Sabo Police Station, Yaba where he lodged a complaint. According to 1 P.W., he was able to see the faces of the appellants at the time of the incident as the street was well lit. He made a statement.