Akinbolade Dele V. The State (2015)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

JAMES SHEHU ABIRIYI, J.C.A.(Delivering The Leading Judgment)

This appeal is against the judgment of the Ondo State High Court sitting at Ondo delivered on the 15th May, 2012. The Appellant and three others were charged with robbery and conspiracy to commit robbery contrary to section 1(2)(a) of the Robbery and Firearms (Special Provisions) Act Cap 11 R 11 Vol. 14 Laws of the Federation of Nigeria, 2004 and Section 5(b) of the Same Law.

The case of the Respondent as can be gathered from the evidence of six witnesses who testified for the prosecution is quite simple. According to Yaya Suberu (PW1), at about 2:00am on the 6th January, 2005 he heard the voice of one of his boys who slept in the passage that leads to his room.

When he asked who was in the house at that hour somebody responded by saying that the boy should keep quiet otherwise he would shoot.

While the Pw1 was walking with his torchlight in hand towards the boy, he saw somebody in the passage run down the stair-case. Pw1 shouted “thief, thief” and two other people opened the door to the house. All the three people wore masks. They asked for money. They ransacked the whole house looking for money. They took all the money in the house. They took two handsets and jewelries.

Apart from the guns they carried, the people had an axe, knife and a torchlight.

In the morning the Pw1 reported to the police but that because the three people were masked he could not identify any of them. He also did not suspect anyone.

On 13th January, 2005 based on information received, the Appellant and the others were arrested.

When Pw1 went to the police station, he saw the Appellant with his wife’s jewelries that were stolen.

The Appellant in two statements he had made to the police (Exhibits H and H1) talked of different operations carried out by them. But in his defence in court, the Appellant denied committing the offence. He once worked for the Pw1 he said but could not continue due to ill-health. Nothing belonging to the Pw1, he said was recovered from him.

After hearing the evidence led by the Respondent, one of the accused persons was discharged on a no case submission. The Appellant and two others were convicted and sentenced to death for armed robbery after a full blown trial. It is the conviction and sentence to death that have led the Appellant here. He filed a Notice of Appeal on 14th June, 2012 containing one Ground of Appeal. Pursuant to an order of this court made on 19th March, 2014, the Appellant filed an amended Notice of Appeal containing four grounds of appeal from which he presented the following issues for determination:

1) Having regards to the circumstances of this case, whether or not the procedure adopted by the Lower Court has not breached the Appellant’s right to fair hearing, (Ground 1 and 2)

2) Whether or not the prosecution proved its case beyond reasonable doubt against the Appellant to warrant the conviction.

The Respondent adopted the two issues formulated by the Appellant.