Mohammed V. State (2020)

LAWGLOBAL HUB Lead Judgment Report

OLABODE RHODES-VIVOUR, J.S.C.

This is an appeal against the judgment of the Ilorin Division of the Court of Appeal, delivered on 19th December, 2014 in which the death sentence on the Appellant by an Ilorin High Court was affirmed.

The facts are these:

On 28th December, 2011 the Appellant and one Legi Mohammed, while armed with cutlasses and Fulani sticks robbed PW3, his younger brother, Fatai and PW4. They were robbed while returning from Banni Market in Kaiama Local Government Area of Kwara State, where they had gone to sell yams. They rode a motorcycle.

The Appellant and Legi Mohammed emerged from the bush, knocked them off the motorcycle, inflicted fatal machette cuts on their victims. PW3’s younger brother, Fatai fought back but was killed. PW3 was seriously injured with matchette cuts on his head and his lower arm was cut off. PW4 had near fatal matchette cuts on his body. One of his fingers was almost cut off. It was left dangling.

​PW3 and PW4 recognised the Appellant and Legi Mohammed before they ran into the bush and made their way to the village. On arriving in the

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village, they reported the gruesome incident to PW7, the head of the vigilante team. The Appellant and Legi Mohammed were subsequently apprehended and taken to the Police Station where they confessed to having committed the crime. The arrest of the Appellant, who was the 1st accused person was easy. PW7 the head of the Vigilante team, after being told of the armed robbery, led other vigilantes to the scene to search for the armed robbers. He told the Mogaji of the town that if anyone saw anyone with matchette cuts, he should be informed, since one of the victims also claimed to have struck one of the armed robbers with a matchette. All hospitals, clinics, and chemists were duly informed. The brutal armed robbery occurred at about 6p.m. and at about 10p.m someone showed up at a chemist with matchette cuts. That someone was the first accused person, the Appellant, Abu Mohammed. The Appellant’s statement and his specimen thumbprint impression was admitted as exhibit P4.

At the trial, the prosecution (the Respondent) called seven witnesses and closed its case.

The Appellant gave evidence in his defence. He did not call any witness. His

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co-accused also gave evidence. A total of seven documents and items, were admitted in evidence as exhibits. Interestingly, one of the exhibits was the severed arm of PW3, marked exhibit P7.

Convicting the Appellant and his co-accused to death for the offence of conspiracy and armed robbery, the learned trial judge had this to say:

“… PW3 and 4 saw it all and suffered seriously from it. Their evidence and that of PW7 is more than enough to ground a conviction.”