Shola Famuyiwa V. The State (2017)

LAWGLOBAL HUB Lead Judgment Report

MARY UKAEGO PETER-ODILI, J.S.C.

This is an appeal against the judgment of the Court of Appeal sitting at Ado-Ekiti delivered on the 16th December, 2014 where the Court Appeal or Court below or the lower Court affirmed the trial Court’s decision of M.O. Abodunde J on the 25th June, 2013, conviction and sentence of appellant to death by hanging for the offences of conspiracy and armed robbery.

The panel of the Court below is thus: – A. G. Mshelia, F. O. Akinbami and B. M. Ugo JJCA with the lead judgment anchored by M. G. Mshelia JCA.

The facts of the case leading to the appeal are stated hereunder, viz: –

BACKGROUND FACTS:

The version as put across by the appellant is thus: –

The appellant was a trader at Challenge in Ibadan. In 2002, the Landlord of the place where the appellant was selling his wares at Challenge in Ibadan asked the appellant to quit the land where the appellant was selling his wares. Although the notice to quit was sufficient, the appellant and the other traders had no opportunity to rent another shop.

The Landlord enlisted or contracted members of OPC to chase

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the appellant and other traders away from the land whereby a misunderstanding/fight ensued between members of OPC and the traders. The police intervened and transferred the appellant and others that were arrested with him to the Challenge Police Station in Ibadan.

Later on, the appellant and seven other persons that were arrested with him were removed from the cell at Challenge Police Station Ibadan and transferred to Ekiti. On getting to Ekiti State, the appellant was accused by the Police as being one of the armed robbers who operated in Ekiti. The police demanded for the sum of N50,000.00 (Fifty Thousand Naira) each from the appellant and the other suspects for them to be released. The appellant did not have the sum of N50,000.00 to pay but the other suspects who paid were released.

The Police threatened to deal severely with the appellant if he failed to pay the bail fees of N50,000.00. At about 1.00am the next day, the cell was opened and the appellant was brought out.

The appellant was severely beaten by Policemen and thereafter the appellant was hung on a ceiling fan and hit with a cutlass on the head but the appellant raised his hands in

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