Bisi V. State (2021)

LAWGLOBAL HUB Lead Judgment Report

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

This is an appeal against the judgment of the Court of Appeal Ibadan Division or Court below or lower Court; Coram: Modupe Fashanmi, Nonyerem Okoronkwo and Haruna Simon Tsammani JJCA, who delivered the judgment on the 16th February, 2018 affirming the decision of the High Court of Ogun State delivered on the 17th April, 2014 convicting the appellant of conspiracy to commit armed robbery and armed robbery, per A.J. Lamina J.

BACKGROUND FACTS

The Appellant was charged with a one (1) count offence of conspiracy to commit armed robbery contrary to Section 6(b) of the Robbery and Firearms (Special Provisions) Act Cap.R.11, Laws of the Federation of Nigeria and four (4) counts of armed robbery contrary to Section 1 (2) (a) of the Robbery and Firearms (Special Provisions) Act Cap. R.11, Laws of the Federation of Nigeria. Count 4 was struck out by the learned trial Judge consequent upon a no-case submission application by the defence, while the Appellant opened his defence at the trial Court with respect to counts 1, 2, 3 and 5. The ruling on the no case submission is at pages 101-107 of the record of appeal.

The particulars of the offences charged per pages 3-4 of the record of appeal are that the Appellant along with others now at large purportedly conspired on the 16th November, 2007 at “P” Sunny Enterprises, Oke Sokori, Abeokuta, Ogun State while armed with an offensive weapon to wit: gun robbed one Idowu Adebayo of the sum of N88,435.00 (Eighty Eight Thousand, Four Hundred and Thirty Five Naira) (Count II). Another count is in respect of the robbing of Raheem Adegbite of the sum of N1,866,375.00 (One Million, Eight Hundred and Sixty Six Thousand, Three Hundred and Seventy Five Naira) (Count III). Yet another count is the robbing of Joseph Bankole of a Mazda 626 car with registration No. AJ 319 AKM and the sum of N50,000.00 (Count V).

​The prosecution listed nine (9) witnesses but only four (4) witnesses gave evidence for the prosecution to wit: PW1 – Mr. Raheem Adegbite, cashier at “P” Sunny Enterprises, PW2 – Mr. Joseph Bankole, a retired soldier, PW3 – Idowu Adebayo, a Salesman and the PW4 – Sgt Lawal Lukman, Police Officer. The Appellant (accused person at the trial Court) gave evidence on his behalf.

The evidence of PW1 is at pages 53 – 57 of the record of appeal. The evidence of the PW2 is at pages 57 – 73 of the record of appeal. The evidence of the PW3 is at page 74 of the record of appeal. The evidence of the PW4 is at pages 76 – 78 of the record of appeal. The evidence of the Accused (Appellant) is at pages 107a – 107d of the record of appeal. The final written address of the Accused (Appellant) is at pages 108 – 110 of the record of appeal while the final written address of the prosecution is at pages 111 – 113 of the record of appeal.

At the conclusion of the trial, the learned trial Judge in his judgment depicted at pages 114 – 140 of the record of appeal found the Appellant guilty as charged for conspiracy to commit armed robbery and armed robbery in respect of grounds 1, 2, 3 and 5 whereupon the Appellant was sentenced to death by hanging consequent upon the Appellant filing an initial appeal to the Court of Appeal, Ibadan Division upon being dissatisfied with the aforesaid judgment of the trial Court.

​The Appellant was granted extension of time to appeal by the Court of Appeal, Ibadan. The subsequent notice and grounds of appeal are depicted at pages 114 – 140 of the record of appeal. The Judgment of the Court of Appeal, Ibadan Division is at pages 190 – 222 of the record of appeal. The appellant being dissatisfied with the judgment of the Court of Appeal, Ibadan Division filed a Notice and Grounds of Appeal to the Supreme Court.

He nominated the following issues for determination, viz:-

1. Whether the learned Justices of the Court of Appeal, Ibadan Division were right to have affirmed the decision of the learned trial Judge that the prosecution proved its case beyond reasonable doubt against the Appellant as to warrant the Appellant’s conviction for conspiracy to commit armed robbery and armed robbery having regard to the totality of the evidence before the Court. (Grounds 1, 2, 3 and 6)
2. Whether the learned Justices of the Court of Appeal, Ibadan Division were right to have affirmed the decision of the learned trial Judge admitting the Appellant’s purported statements – exhibits “B & C- C2” as exhibits and treated same as confessional statement in spite of the fact that same were retracted by the Appellant. (Grounds 4 and 5).

Learned counsel for the respondent Eko Ejembi Eko Esq adopted the brief of argument filed on 11/7/2018 and deemed filed on 5/11/2020 and in it were formulated three issues for determination, viz:-

1. Whether the learned Justices of the Court of Appeal Ibadan division were right to have affirmed the decision of the learned trial Judge, that the prosecution proved its case beyond reasonable doubt against the Appellant as to warrant the Appellant’s conviction for conspiracy to commit armed robbery and armed robbery having regard to the totality of evidence before the Court.
2. Whether the learned Justices of the Court of Appeal, Ibadan Division were right to have affirmed the decision of the learned trial Judge admitting the Appellant’s statement – Exhibits B, C & C2 as evidence and treated same as confessional statements in spite of the fact that same were retracted by the Appellant.
3. Whether the Appellant has shown special grounds to warrant this Court to set aside concurrent decisions based on findings on facts of both the appellate and trial Courts.

The No.3 issue of the respondent is comprehensive and sufficient in the determination of this appeal and I shall use it as a single issue.

LONE ISSUE

Whether the appellant has shown special grounds to warrant this Court to set aside concurrent decisions based on findings on facts of both the appellate and trial Courts.