Lateef Sadiku V. The State (2011)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

SIDI DAUDA BAGE, J.C.A. (Delivering the Leading Judgment)

This is an appeal against the judgment of Ogundepo J. of the High Court of Justice, Ogun State, Ota Judicial Division delivered on the 16th August, 2004 in charge No. HCT/16R/2000 Abubakar Mohammed and 2 Ors. V. The State, in which the learned trial judge convicted and sentenced the 1st and 2nd accused persons, Abubakar Mohammed and Lateef Sadiku to death for conspiracy to commit armed robbery under section 5(b) of the Robbery and Fire arms (special provisions) Act cap 398 laws of Nigeria 1990 as amended and armed robbery under section 1(2) (a) of the same Act cap 398 Laws of Nigeria 1990 as amended. The 3rd accused Idowu Shittu was discharged and acquitted of the offences earlier on charged along with the 1st and 2nd accused persons. The 1st and 3rd accused persons and the Appellant (2nd accused person) pleaded not guilty to the charges. The charge at the lower court as contained at page 7 of the Record of Appeal reads as follows:

COUNT ONE:

That you Abubakar Mohammed (M) Lateef Sadiku (M) Idowu Shittu (M) and others now at large on or about the 15th day of February, 1999 at Isorosi Area, Sango Ota in the Ota judicial Division conspired together to commit a felony to wit: Armed Robbery and thereby committed an offence contrary to section 5 (b) and punishable under section 1 (2) (a) of the Robbery and Firearms (Special Provisions) Act 1990 as amended by the Tribunals (Certain Consequential Amendments E.T.C) Act 1999.

COUNT TWO:

That you Abubakar Mohammed (M) Lateef Sadiku (M) Idowu Shittu (M) and others now at large on or about the 15th day February, 1999 at Isorosi Area, Sango Ota in the Ota Judicial Division while armed with guns and a sharp knife rabbed one Alaba George (F), of N35,000.00 cash, cupion material, sequence material, jewelries, 3 wrist watches, 10 native dresses (Agbada) one native cap, and one jacquard material and thereby committed and offence contrary to Section 1 (2) (a) of the Robbery and Firearms (Special Provisions) Act 1990 as amended by the Tribunals (Certain Consequential Amendment E.T.C) Act 1990.

COUNT THREE:

That you Abubakar Mohammed (M) Lateef Sadikou (M) Idowu Shittu (M) and others now at large on or about 19 day of February, 1999 at Isolosi Area, Sango Ota in the Ota Judicial Division while armed with guns and a sharp knife robbed one Nureni Adigun of N1,850.00 cash, 2 lock sets, and thereby committed an offence contrary to Section 1 (2) (a) of the Robbery and firearms (Special Provisions) Act 1990 as amended by the Tribunals (Certain Consequential Amendment E.T.C) Act, 1999.

COUNT FOUR:

That you Abubakar Mohammed (M) Lateef Sadikou (M) Idowu Shittu (M) and others now at large, on or about the 15th day of February 1999 at Isolosi Area, Sango Ota in the Ota Judicial Division while armed with guns and sharp knife robbed one Yinusa Balogun of N3,500.00 cash, one Trident Cassette Player and thereby committed an offence contrary to Section 1 (2) (a) of the Robbery and Firearms (Special, Provisions) Act 1990 as amended by the Tribunals (Certain Consequential Amendment E.T.C) Act, 1999.

COUNT FIVE:

That you Abubakar Mohammed (M) Lateef Sadikou (M) Idowu Shitteu (M) and others now at large, on or about the 15h day of February, 1999 at Isolosi Area, Sango Ota, in the Ota Judicial Division white armed with guns and a sharp knife robbed one Akeem Oyelami of N2,000.00 cash, one Nippon Radio Cassette Player and a complete baby lace material and thereby committed an offence contrary to Section 1 (2) (a) of the Robbery and Fire arms (Special Provisions) Act 1990 as amended by the Tribunals (Certain Consequential Amendments E.T.C) Act 1999.

COUNT SIX:

That you Abubakar Mohammed (M) Lateef Sadikou (M) Idowu Shittu (M) and others now at large, on or about the 19 day of February, 1999 at Isolosi Area, Sango Ota in the Ota Judicial Division while armed with guns and sharp knife robbed one Oyelami Abiola of one travelling bag, one fila cap and thereby committed an offence contrary to Section 1 (2) (a) of the Robbery and Fire arms (Special Provisions) Act 1990 as amended by the Tribunals (Certain Consequential Amendments E.T.C Act, 1999.