Abayomi Joshua V. The State (2009)

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SOTONYE DENTON-WEST, J.C.A,

This is an appeal against the judgment of the Hon. Justice Kayode Bamishile delivered on 18/6/2002, sentencing the Accused Appellant to death for the offence of conspiracy and armed robbery under section (5)B and 1(2) (a) of the Robbery and Fire Arms (Special Provision) Act, 1990.

There were three accused persons who stood trial before the lower court. The Appellant herein is the 2nd accused person and he was charged along with the other accused persons as follows:

Count (1): Conspiracy .

STATEMENT OF OFFENCE

Conspiracy, contrary to section 5(b) and punishable, under section 1(2), (a) of the robbery and firearms (Special Provisions) Act Vol. XXII Cap 398 Laws of the Federation of Nigeria 1990.

PARTICULARS OF OFFENCE

Dele Gabriel (M), Abayomi Joshua (M), Adewale Adedara (M), Dele James Apeh (M) and Felix Amodu (M) on or about the 28th day of July, 1998 at Ise-Ekiti in the Ekiti State of Nigeria conspired to commit felony to wit: armed robbery.

Count II:

STATEMENT OF OFFENCE

Armed Robbery contrary to and punishable under section 1(2)(a) of the Robbery and Fire Arms (Special Provisions) Act Cap 398, Vol. XXII Laws of the Federation of Nigeria 1990.

PARTICULARS OF OFFENCE

Dele Gabriel (M), Abayomi Joshua(M), Adewale Adedara (M), Dele James Apeh (M) and Felix Amodu (M) on or about the 28th day of July, 1996 at Ise-Ekiti in Ekiti State of Nigeria robbed one Sunday Onomejoh of the sum of N300,000.00 (Three Hundred Thousand Naira) and at the time of the robbery you were armed with offensive weapons to wit: guns.

The Appellant dissatisfied with the Judgment, now appealed to this court. When the appeal came up for hearing on the 17th day of November, 2008, the Counsel to the State, Gbenga Adaramola Esq. (Asst. Chief Legal Officer announced appearance for the state whilst C.D. Obiagwu Esq. appeared for the Appellant. Obiagwu Esq adopted the Appellant’s brief which was filed on 6th day of June, 2008 and also the Appellant’s Reply Brief filed on 3rd day of November, 2008 and urged the court to allow the appeal.