Friday Smart V The State (2016)

LAWGLOBAL HUB Lead Judgment Report

OLABODE RHODES-VIVOUR, J.S.C.

This is an appeal from the judgment of the Court of Appeal, Akure Division, delivered on the 6th day of March, 2012, wherein it affirmed the death sentence pronounced by an Ondo State High Court on the appellant for conspiracy to commit Armed Robbery and Armed Robbery contrary to Sections 5(b) and 1(2) (b) of the Armed Robbery and Firearms (Special Provisions) Act.

Trial commenced before Odusola J. of an Ondo State High Court on the 13th day of May 2008. The Respondent (the State) called two witnesses while the Appellant gave evidence in his defence. He did not call anyone to give evidence in his defence.

The following were admitted as exhibits:

(a) “A – A3 statements of Appellant

(b) “B” locally made pistol

(c) “B1 ” one cartridge.

The trial came to an end on the 15th day of October, 2008 with both counsel adopting their written addresses.

In a well considered judgment delivered on the 13th of November, 2008 the learned trial judge found the Appellant guilty on all counts, i.e conspiracy to commit Armed Robbery and two counts of Armed Robbery.

1

The learned trial judge had this to say:

“…from this statement reproduced, it is clear that the accused confessed to the commission of the crime. The statement describes in graphic details the manner and means of committing the robbery and how the proceeds were shared. I therefore do not believe the accused when he denied in open Court that he never made any statement at the police station throughout the period he was under arrest. He did not deny that the information contained therein was false. It is also noted that there was no objection to the admissibility of Exhibits A – A3. No single witness was called by the Accused at the trial…”

On this reasoning the learned trial judge found the three counts proved beyond reasonable doubt and sentenced the Appellant to death.

The Appellant was dissatisfied with the sentence of death, and so filed an appeal. The Court of Appeal