Saburi Adebayo V. The Attorney-general, Ogun State (2006)

LawGlobal-Hub Lead Judgment Report

G. I. UDOM-AZOGU, J.C.A.

This appeal is against the decision of S. A. Oduntan J. sitting at the Robbery and Firearms Tribunal Abeokuta Ogun State.

At the close of the case of the prosecution and defence he found the accused guilty on a three count charge of conspiracy and armed robbery under the Robbery and Firearms (Special Provisions) Act 1990 punishable under section 1(2)(a) of the Robbery and Firearms (Special Provision) Act 1999 and sentenced him to death by firing squad.

Dissatisfied and aggrieved by the judgment, the accused appealed to the Court of Appeal on three grounds.

The grounds of appeal are reproduced hereunder.

1. The learned trial Judge erred in law in convicting the Appellant of the offence contained in counts 1 and 2 as laid in the charge.

Particulars

(i) The learned trial Judge in his judgment considered the offences in counts I and 2 together.

(ii) The two offences contained in the two counts being distinct and separate offences ought to be considered separately.

2. The learned trial Judge erred in law in convicting the Appellant of conspiracy as laid in count 3 when it was not proved beyond reasonable doubt that the appellant conspired with any other person(s).
3. The judgment is altogether unreasonable, unwarranted having regard to the evidence at the trial.

The prosecution called 6 witnesses and tendered 7 exhibits.

In summary the cases of the prosecution and defence are as follows:-

The prosecution’s case is that that on 11/3/1994 at Elekuro village the accused with others at large armed with cutlasses and Butcher’s knife, robbed one Salihu Afolabi of the sum of N100, and a Suzuki Motor cycle Reg. No.OG 7842 DA. On the same day the accused with others at large also robbed one Oladehinde Segun of WI 00 while armed with cutlass and knife. When the villagers raised alarm, they took to their heels abandoning the motor cycle. The accused was apprehended by PW3 Wasinmi a security guard in a nearby Bank, Universal Trust Bank. He was thereafter handed over to the police.

The accused denied the charge in its entirety. The defence case was that the accused appellant alleged that he was on his way to Lagos to procure medicine to cure a stomach ailment. He left Abeokuta at 4am and dropped at Itori to ease himself after which he came out to the road to look for transport to continue his journey. He alleged that it was on the road that PW3 apprehended him. From the three Grounds of Appeal the appellant formulated two issues for determination as follows:

“1. Whether the joint consideration of the two (2) offences as contained in counts I and 2 by the learned trial judge was justified in law.

2. Whether the offences charged were proved by the prosecution against the appellant beyond reasonable doubts.”

The issues for the appellant were argued by Joseph Nwobike Esq.