Wale Banjo V. The State (2013)

LAWGLOBAL HUB Lead Judgment Report

M. S. MUNTAKA-COOMASSIE, JSC

The Appellant, Wale Banjo, together with two others were charged with conspiracy to commit armed robbery and armed robbery contrary to Section 5 (6) and 1(2) (c) of the Robbery and Firearms (special provisions) Act cap 398 Laws of the Federation of Nigeria 1990 as amended by the Tribunal (certain consequential amendments etc) Act 1999.

At the trial the prosecution called five (5) witnesses Whiie the appellant gave evidence on his behalf. At the conclusion of hearing the trial court found the Appellant guilty as charged and sentenced him to death. The trial court in its conclusion held thus:-

“The totality of the evidence before the court reveals that the accused persons and others now at large participated in the robbery of 15/2/2000. All the ingredients of the offences charged have been proved, to wit:-

(1) That the accused person and others at large did agree to rob the Pw2 and the Pw3 on 15/2/2000 which was an unlawful purpose;

(2) That the robbery alleged to have taken place on 15/2/2000 at Anyegbani quarters. Ago-iwoye, did in fact take place.

(3) That at the time of the robbery the robbers were armed with dangerous weapons.

(4) That the accused persons participated in the said robbery.

The presecution has therefore proved the case against the 1st and 2nd accused persons beyond reasonable doubt. The defence put forward by the accused persons are well crafted lies, fabrications and after thoughts”.

The appellant was aggrieved with the decision of the trial court and as a result appealed to the Court of Appeal, Ibadan Division, hereinafter referred to as the lower court. The lower court heard the appeal and allowed it in part by substituting the death sentence with twenty one (21) years imprisonment. The lower court held as follows:-

“The appeal is allowed in part. The conviction and sentence of the appellant are altered from armed robbery under Section 1 (2) of the Robbery and Firearms (special Provisions) Act cap 398 Laws of the Federation of Nigeria (1990 edition) as amended for the lesser offence of robbery without firearms or offensive weapons under section 1 (1) of the same Act – see John Nwachukwu V. The State (1980) 2 NWLR (pt. 25) 765 as there was no clear cut evidence showing appellant was armed or was in company of ah armed person at the time of the commission of the robberies. The appellant is sentenced to twenty one (21) years imprisonment mandatorily fixed by Section 1 (1) of the said Act, the sentence is back-dated to 15-01-2000 when the appellant lost his liberty on account of this case”. Per J. S. Ikyegh JCA at pages 160-161 of the record.

Further aggrieved by the above judgment of the lower court the appellant has appealed to this court. Both parties filed and exchanged their respective briefs of argument. The appellant distilled only one issue for determination as follows:-

“Whether the prosecution proved a case of robbery at trial against the appellant to warrant his conviction for robbery and sentence to 21 years imprisonment by the lower court”.

The respondent also in its brief of argument formulated one single issue for determination thus:-