Abiodun Adekoya V. The State (2017)

LAWGLOBAL HUB Lead Judgment Report

MARY UKAEGO PETER-ODILI, J.S.C.

This is an appeal against the judgment of the Court of Appeal Ibadan Division Coram: K.M.O Kekere-Ekun JCA (as she then was), M. Fasanmi and I.S. Ikyegh JJCA with Modupe Fasanmi JCA delivering the lead judgment on 23rd November, 2011. The appellant had been charged, arraigned, tried and convicted by the trial Court per N.I Agbelu J. on a two count charge of conspiracy to commit armed robbery and armed robbery contrary to Sections 6(b) and 1(2) of the Robbery and Firearms (Special Provisions) Act (Cap R. 11) Laws of the Federation of Nigeria, 2004. The Court of Appeal or Court below or lower Court upheld the decision of the trial Court.

FACTS BRIEFLY STATED

The case of the prosecution at the trial Court was that on the 11th day of February, 2005 at about 2pm, two armed robbers had attacked Mrs. Cecilia Olufunke Onanuga (PW4) and her two daughters at their residence at 176 Luba Eruwon Road, Ijebu- Ode. In the course of the robbery incident, the sum of N39,000, three Nokia Handsets, a Sagem X5 handset and a still photograph camera had been stolen from them. Three days later the appellant was caught at Oke-Aje market

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by PW4, one of the victims of the robbery and appellant was then arrested.

The prosecution had called six witnesses. The appellant testified in his own defence and denied the charge stating that though he was at the scene, that he was there accompanying his friend Sakiru to collect his debt and a fight ensued and as things were getting out of hand, the appellant left the scene. He did not call any witness. At the end the trial Court convicted the appellant of the two counts charge of conspiracy and armed robbery respectively and sentenced him to death by hanging.

Dissatisfied with the verdict appellant approached the Court below which affirmed what the trial Court did. Further aggrieved the appellant has come before the Supreme Court on a sole ground of appeal.

Olakunle Agbebi Esq., learned counsel for the appellant on the 20th day of October, 2016 date of hearing adopted the appellant’s brief filed on 28/9/2011 and deemed filed on the 22/5/2013. In it were crafted two issues which are thus:

1. Whether the learned justices of the Court of Appeal were right in holding that the trial Court rightly held that

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prosecution established all the ingredients of the offence of armed robbery in this case

2. Whether the learned justices of the Court of Appeal were right in upholding the decision of the learned trial Judge that the prosecution proved a case of conspiracy and armed robbery against the appellant beyond reasonable doubt.

Lawrence Fubara Anga of counsel for the respondent adopted the brief of respondent filed on 8/5/15 and deemed filed on the 14/10/15 in which was formulated a single issue being:

Whether learned justices of the Court of Appeal were right in upholding the decision of the trial Court to the effect that the prosecution had proved the charges against the appellant beyond reasonable doubt.

The issues as crafted by the appellant on a one ground appeal cannot be utilized and it is even worse that each is seeking an answer to the same question which in effect is the same as the sole issue raised by the respondent. The Issue No 1 of the appellant is hereby struck out as two issues cannot emanate from a single ground of appeal.