Oyeyemi v. State (2022)

LAWGLOBAL HUB Lead Judgment Report – SUPREME COURT

CHIMA CENTUS NWEZE, J.S.C. (Delivering the Lead Judgment)

The appellant, Abiola Oyeyemi, was charged on a lone count of armed robbery, punishable under Section 1 (2) (b) of the Robbery and Firearms (Special Provisions) Act, Cap R11, Laws of the Federation of Nigeria, 2004. This was at the High Court of Ondo State, Akure Judicial Division.

The case of the Prosecution was that on April 8th, 2015, the appellant and two other persons, robbed one Dosumu Stephen, of two mobile phones while armed with guns.

The victim, a DSS officer, was on his way home from a government rally. When he got to a T-junction, where he usually parked his car in front of one Mr. Asiwaju’s house, he saw a motorcycle conveying three persons. Two of the three persons alighted from the motorcycle. They took positions, one in front of his car and the other at the back.

The third person, who was masked, went to his side windscreen and told him to turn off the ignition of the car. He ordered him to open the car. He obeyed. The said third accused person collected his car key. In addition, he demanded for his phones while pointing a gun at him and telling him to cooperate and bring out “the money”.

While the victim was begging the masked robber to spare his life, the one stationed in front of the victim’s car shot at the windscreen indicating they meant business. The guns they were holding were not toy guns. The victim told the masked robber, who had a gun and pointed it at him, that there was money in the trunk of his car. He would give them all the money, he said, if they would spare his life. The masked robber pushed the victim to the trunk of the car to get the money.

On getting there, the victim pretended as if he wanted to bring out the money. He, instead, brought out his service rifle and shot the masked robber. The robber standing in front of the vehicle, on hearing the gunshot, ran away. The third robber, who was on the motorcycle at the back of the victim’s car, fired a shot at the victim to enable him escape. The victim shot at the third robber (later identified as the appellant). He fell down from the motorcycle with the gun he was holding.

​Throughout this crossfire, the victim kept shouting for help. His friend, Asiwaju, in front of whose house he was trying to park his car, called some security agents. They took the dead masked robber to the mortuary and the appellant to the hospital.

At the trial, the Prosecution called two witnesses and tendered six exhibits, exhibits A; A1; B; B1; C and D. The accused person testified in his defence. In addition, he called one witness. This witness was more of a character witness. No exhibits were tendered.

The trial Court, in its judgment delivered on January 24th, 2018, found the appellant guilty of the offence of armed robbery; convicted, and sentenced, him to death. Dissatisfied with that judgment, he appealed to the Court of Appeal, Akure Judicial Division, by a Notice of Appeal filed on August 13th, 2018, containing three Grounds of Appeal.

The lower Court, in its judgment delivered on March 29th, 2019, found no merit in the appeal. It dismissed the said appeal. In consequence, it affirmed the judgment of the trial Court. Still dissatisfied, the appellant has now appealed to this Court via an amended Notice of Appeal deemed, properly, filed on March 17th, 2021, containing six grounds of appeal.

​In support of the appeal, and from the six grounds of appeal, the appellant filed a brief of argument on March 17th, 2021. Only one issue was presented for the determination of the appeal, thus:

Based on the evidence on record, were the noble Justices of the Court of Appeal right in affirming the judgment of the trial Court which held that the respondent proved her case beyond reasonable doubt?

ARGUMENTS ON THE ISSUE
Musibau Adetunbi, SAN, who appeared with M. O. Folorunsho, for the appellant, upon adopting his brief, contended that the conviction and sentence of the appellant, affirmed by the lower Court, are not premised on the evidence contained in the printed record of appeal, Orugbo v. UNA (2002) LPELR – 2778 (SC) 1, 28; D-F; Veepee Industries Ltd v. Cocoa Industries Ltd(2008) LPELR 3461 (SC) 1, 24; para B and Enekwe v. Int’l Merchant Bank of Nig. Ltd and Ors (2006) LPELR – 1140 (SC) 1, 23- 24; paras G-B.