Sheriff Ogunleye V. The State (2016)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

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

This is an appeal against the judgment of the High Court of Ondo State holden at Akure delivered on 28th May 2014 convicting the Appellant, Pastor Adeniyi Matthew, Akeem Benjamin and Cosmos Obi for conspiracy to commit armed robbery and armed robbery contrary to Sections 5(b) and 1(2)(b) of the Robbery And Firearms (Special Provisions) Act Cap 398 Laws of the Federal Republic of Nigeria 1990. Three were discharged and acquitted.

The facts of the case in brief are as follows: According to Pw1 the only prosecution witness, a branch of N.B.M. Bank here in Akure was raided by armed robbers. The bank reported to the police that a sum of N26 million was taken away by the robbers. The robbery incident occurred between the night of 2nd July 2005 and 3rd July 2005.

The accused persons were arrested during the course of investigation. The police received information that the police in Ibadan arrested one Evangelist in possession of a sum of N825,000 in N.B.M Bank wrappers.

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Through the Evangelist, the police was able to arrest five suspects linked to the robbery. They were

arrested between Ibadan and Ikire.

The accused persons were brought to Akure to the N.B.M Bank based on their confessions. The police made them go through the roles they played during the robbery and the whole thing was recorded in video after they had left the bank premises where the accused persons demonstrated their roles in the robbery. They left for Ibadan where two Dane guns and two live cartridges were recovered from one Aderemi who was released by the Chief Judge during a prison visit.

The two Dane guns and two live cartridges were admitted in evidence and marked Exhibits B, B1 and C.

According to the Pw1, the original case diary was lost and so certified true copies of statements of the accused persons which all the accused persons denied making were tendered in evidence, admitted and marked Exhibits H, J, K, L and M. The one made by the Appellant was marked Exhibit K. According to the Pw1 the statements were confessional.

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The Appellant denied taking part in the robbery. According to him in early May, 2005 he left Ikirun for Ibadan to take part in the naming ceremony of his brother’s child. He stayed back for some days after the

naming ceremony. At about 8pm one day when he was still in the house of his brother at Ibadan some people came. They said they were looking for his brother. His brother was not at home. Those people said they would take his brother’s wife. He told them that it would be unjust to take a woman who had a baby that was only a few days old. Those people decided to take him instead of the woman.

He was first taken to Agugu Police Station. Later he was taken to Iyaganku Police Station and later still he was taken to Alagbon, Lagos.