Fagbile Ebenezer V. The State (2016)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

PAUL OBI ELECHI, J.C.A. (Delivering the Leading Judgment)

This is an appeal against the decision of Ekiti State High Court presided over by Honourable Justice O.I.O Ogunyemi delivered on the 13th day of June 2014 in charge No HAD/43C/2014. In the said judgment, the Appellant was found guilty of the offence of Armed Robbery and sentenced to death by hanging.

As a background of this case, the Appellant was charged before the trial Court for the offence of armed robbery with three other accused persons contrary to Sections 1 (2) (a) of the Robbery and Firearms (Special Provisions) Act, Cap. RII, Laws of the Federation of Nigeria 2004.

The gist of the matter is that on the 15th December 2012, the complainant Honourable Justice Agbelusi Michael (Retired) was robbed in his house while his money and other valuable were stolen. He alerted the Police and in the process, the accused persons were arrested including the Appellant.

After a careful consideration of the case, the learned trial Judge found the Appellant guilty of the offence of armed robbery and sentenced him to death by hanging. The appellant being dissatisfied then filed this appeal urging

1

the Court to set aside the judgment.

To argue this appeal, the Appellant has formulated the following issues for determination

(i) Whether the identification parade conducted by the prosecution could be said to be in accordance with the standard required of same in law as to ground the sentence and conviction of the Appellant (ground 3)

(ii) Whether the prosecution proved their case beyond reasonable doubt in the circumstance of this case (ground 1, 2, 4, 5, 8)

On the part of the Respondent, only one issue was distilled thus

(i) Whether or not the prosecution proved the offence of Armed Robbery beyond reasonable doubt.

In arguing issue one of the Appellant i.e whether the defence of Alibi avails the Appellant therein. Learned Appellant?s counsel contended that the Appellant at the earliest opportunity stated that he was not at the scene of the robbery on the day of the incident. Nonetheless, the prosecution either failed or neglected to investigate same. This he stated could be seen in the statement of the Appellant in Exhibits D and X i.e the Appellant statement at the New Iyin Road Police Station and also at the office of

2