Bunmi Ayodele V. The State (2010)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

MOORE A. A. ADUMEIN J.C.A. (Delivering the Leading Judgment)

The appellant and one Alonge Temitope were arraigned in the High Court of Ondo State, sitting at Akure, and charged with the following offences, namely:-

“COUNT 1:

STATEMENT OF OFFENCE

CONSPIRACY, contrary to and punishable under Section 5 (b) of the Robbery and Firearms (Special Provisions) Act Cap 398 Vol. XXLL Laws of the Federation of Nigeria, 1990.

PARTICULARS OF OFFENCE

Alonge Temitope and Bumi Ayodele on or about 18th of March, 2006 at Akure in the Akure Judicial Division, conspired with one other now at large to commit felony to wit Armed Robbery.

“COUNT II:

STATEMENT OF OFFENCE

ARMED ROBBERY, contrary to and punishable under Section 1 (2) (b) of the Robbery and Firearms (Special Provisions) Act Cap 398 Vol. XXLL Laws of the Federation of Nigeria, 1990.

PARTCULARS OF OFFENCE

Alonge Temitope and Bunmi Ayodele on or about the 18th day of March, 2006 at No.30 Ala Close off Sijuade Akure in the Akure Judicial Division robbed one Mrs. lkengboju Onasile of the sum of Five Hundred Naira, One Sagem phone, VCD player, a Video machine, while armed with offensive weapons to wit, gun and knife.”

The case was heard and determined by Hon. Justice O.O. Akeredolu of Ondo State High court on the 10th day of December, 2007 judgment was delivered by Akeredolu, J. whereby the appellant and his co-accused (Alonge Temitope) were convicted and accordingly sentenced to death by hanging or firing squad. The judgment of the lower court is at pages 80 to 109 of the record of appeal. This appeal is against the said judgment of Akeredolu, J.

The appellant filed a notice of appeal dated the 27th day of December, 2007 (page 119 of the record of appeal) in which two (2) grounds were set out. With leave of this Court, the appellant filed an amended notice of appeal. The appellant’s amended notice of appeal contains 5(five) grounds.