Jamiu Dairo V. The State (2017)

LAWGLOBAL HUB Lead Judgment Report

KUDIRAT MOTONMORI OLATOKUNBO KEKERE-EKUN, J.S.C.

This appeal is against the judgment of the Court of Appeal Ibadan Division delivered on 21st May 2015 affirming the conviction and sentence of death imposed on the appellant for conspiracy and armed robbery by the High Court of Ogun State holden at Ijebu-Ode per S.A. Olugbemi J. in the judgment delivered on 27th July 2012.

The appellant was charged before the trial Court on two counts of conspiracy and armed robbery as follows:

“Count I:

Statement of Offence: Conspiracy to commit armed robbery contrary to Section 6(b) and punishable under Section 1(2)(a) of the Robbery and Firearms (Special Provisions) Act (Cap.R.11), Laws of the Federation of Nigeria 2004.

Particulars of Offence: Jamiu Dairo (M) and others now at large on or about the 24th September, 2006 at Igbeba, Ijebu-Ode in the Ijebu-Ode Judicial Division conspired to commit a felony to wit: Armed Robbery.

Count II:

Statement of Offence; Armed robbery contrary to Section 1(2)(a) of the Robbery and Firearms (Special Provisions) Act (Cap. R. II), Laws of the Federation of

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Nigeria, 2004.

Particulars of Offence; Jamiu Dairo (M) and others now at large on or about the 24th September, 2006 at Igbeba, Ijebu-Ode in the Ijebu-Ode, Judicial Division while armed with Firearm (gun) robbed Abimbola Bolanle of her Mazda 626 Car with registration No. LH 631 KJA and recharge card worth seven thousand naira.”

There was a third count to the charge for the offence of abetting the commission of armed robbery, but this involved only the 2nd accused. Each accused pleaded not guilty to the charges against him.

The facts of the case as presented by the prosecution are that around 6am on 26th September, 2006 after completing her morning prayers at the mosque, PW1 Mrs, Bolanle Latifat Abimbola, entered her car, a red Mazda 626 with Registration No. LH 631 KJA, to go home. As she turned into her street, she was stopped by three men who ordered her at gun point to get out of the car. While trying to loosen her seat belt to comply, one of the three men proceeded to slap her. One of the Alfas (Islamic cleric) at the mosque she had just left noticed what was happening and tried to come to her rescue. He was shot by one of the robbers.

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