Tirimisiyu Adebayo V The State (2014)

LAWGLOBAL HUB Lead Judgment Report

OLUKAYODE ARIWOOLA, J.S.C.

This is an appeal against the judgment of the Court of Appeal, Benin Division, delivered on 13th December, 2004 whereby the court below affirmed the conviction and sentence of the appellant by the trial court.

The appellant and four others had been listed on the information paper for prosecution (see page 1 of the record) but only four persons actually stood trial before the High Court of Justice, Edo State of Nigeria, Holden at Benin City. One Monday Eze, who was listed as No. 1 was reported to have died in custody and therefore did not stand trial. Yet, his name was never struck out and remained until judgment was given by the trial court. Therefore he remained and was referred to throughout the proceedings of the trial court as 1st accused person.

The appellant and three others were charged with and tried for the following offences –

Statement of Offence: Count 1

Conspiracy punishable under Section 5(b) of the Robbery and Firearms (Special Provisions) Act Cap. 398 of Laws of the Federation of Nigeria, 1990

Particulars of Offence

Sule Musa (M), Tirimisiyu Adebayo (M), Olufemi Ajayi (M) and Tajudeen Fabiyi (M) on or about the 30th day of November, 1996 at Benin City within the jurisdiction of the Benin Robbery and Firearms Tribunal conspired with one another to commit a felony to wit: Armed Robbery.

Statement of offence: Count 2

Armed Robbery punishable under Section 1(2)(a) of the Robbery and Firearms (Special provisions) Act Cap 398 of Laws of the Federation of Nigeria 1990.

Particulars of Offence

Sule Musa (M), Tirimisiyu Adebayo (M), Olufemi Ajayi (M) and Tajudeen Fabiyi (M) on or about the 30th day of November, 1996 at Benin City within the jurisdiction of the Benin Robbery and Firearms Tribunal robbed one Donatus Osigwe (M) of the sum of N164, 000.00 while armed with knife and other offensive weapons.

The prosecution called five witnesses in proof of the charge against the four accused persons that stood trial. The prosecution’s case goes thus-

On the 30th day of November, 1996 one Monday Eze, (now deceased) as the then 1st accused with four men went to his father’s shop at No.12A Mission Road, Benin City in the night. Monday later identified the four men as the appellant herein and three others. When they could not get any money from his father’s shop, the men went into the shop of one Chief McDenson Okenwa (PW2) and stole the sum of N164,000.00. They were said to be armed with Jack knives and other offensive weapon.