Sunday Madagwa V. The State (1988)

LawGlobal-Hub Lead Judgment Report

B. CRAIG, J.S.C. 

The Appellant was charged at the Oshogbo High Court of Oyo State with armed robbery contrary to sub-section 2(a) of Section 1 of the Robbery and Firearms (Special Provisions) Decree No. 47 of 1970 as amended by the Robbery and Firearms (Special Provisions) (Amendment) Decree (No.2) of 1974.

The particulars of the offence were that the appellant and two others on or about the 21st day of June, 1979 at Arola Village near Ede, in the Oshogbo Judicial Division, whilst armed with offensive weapons – to wit guns, robbed one Olayele Usiola (male) of a peugeot 504 Saloon car No. OD.8511.

After due trial before that Court, he was convicted and his subsequent appeal to the Court or Appeal was dismissed. This is a further appeal from the lower court.

The case for the prosecution rested on the evidence of four eye-witnesses. The first of these witnesses was the 4th P.W., he was the driver of the taxi cab allegedly stolen. According to him, on the 21st day of June, 1979; he left Ondo for Ile-lfe at about 6.00a.m and on getting to Ife, he saw the appellant and two others standing opposite the University of Ife Teaching Hospital. They hailed his taxi and asked to be taken to Ede town to collect their sick mother. After they had agreed on the fares, the three men entered the car,- the appellant sat in the front seat next to the driver, whilst the other two sat at the back.

At a village near Ede, the 4 P.W. was asked to stop, and the appellant alighted, ostensibly to fetch his sick mother. In the meantime, the driver had turned round the car in readiness for the return journey. The appellant soon returned but without his mother. On getting to the car, he set upon the driver, and wrested the steering wheel from him.

The appellant and his colleagues then dragged the 4 P.W. out of the car, and at this stage, the three of them brought out their guns – apparently to – show the 4 P.W. what they would do if he offered any more resistance. Eventually, they drove off in the taxi. After they had left, the 4 P.W. reported the incident to the Police at Ede. Later, on the 18th day of October, 1979, he attended an identification parade at the Police Station, Ibadan and there he identified the Appellant and his two colleagues as the persons who had robbed him of his taxi-cab.

The other eye-witnesses were the 1st, 2nd and 3rd prosecution witnesses, and they saw the appellant with the stolen car a few hours after the robbery. According to the 1st P.W., at about 5.00p.m. on the day in question, she was returning from her farm when she saw a car parked in the compound. She raised alarm and the villagers came round. There were six persons inside the car and the appellant was one of them. She knew the appellant very well. because he was born in that Village, (UGBORHEN), although he later went and settled in AMUKPE Village. When the Appellant and others alighted from the car, the appellant came to her and asked for N200.00 which they needed to repaint the car. 1 P.W. told him that she had no money. Following this, they all then asked the 1st P.W. to give them the key to her house. At this stage, she ran away from them and went to report the incident to the Village Head – 2nd P.W.

Sometimes later, the Village Head saw the car and stopped it. He told the occupants that he had received a complaint from the 1st P.W. and asked them what was the matter. The appellant spoke sharply to the Village Head and asked what right he had to query them. When the Village Head tried to speak further, the Appellant asked him to shut up.

At this stage, the 2nd P.W. blew an alarm to summon his people, but before the Villagers came, the appellant and his colleagues had run away. A few hours after this, the Appellant and his colleagues were again seen with the taxi-cab at a road block and stopped by two night guards. 3 P.W. was one of the guards and he stated that at about 1.00 a.m. on 22nd day of June 1979 they stopped a car with six men and questioned the occupants. One of the men called ‘AFRO’ said that he was the owner of the car, and that they were coming from Ugboren.

When the guards searched the occupants, they recovered three locally made pistols from them; in consequence of this, they handed over the six men to the Police at Sapele. That same day the Appellant made a statement Exhibit ‘J’ to the Police.

At the close of the case for the prosecution, the Appellant testified in his defence. His evidence was short. This is what he said:

“SUNDAY MADAGWA: Sworn on the Bible and states in English. I live at AJANKAWA near Foam Industry AMUKPE, SAPELE. I am a cook. I do not know the 1st P.W. IYAWODE EGAGANYAN. I remember 21/6/79. I was inside my house. I saw Moses Dukpe alias AFRO in a taxi 504 saloon. I also saw Felix Okporie in the vehicle. Moses Dukpe claimed the ownership of the vehicle. Felix Okporie drove the vehicle. I have never seen 4th P. W. before.”

He admitted that he made a written statement, Exhibit J but he denied that he took part in any robbery.