Abiodun Yinusa V. The State (2016)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

OBIETONBARA O. DANIEL-KALIO, J.C.A. (Delivering the Leading Judgment)

This is an appeal in a Criminal matter. The Appellant Abiodun Yinusa along with one Wasiu Yinusa, was charged with conspiracy to commit Armed Robbery contrary to Section 5 (b) and punishable under Section 1 (2) (a) of the Robbery and Firearms (Special Provisions) Act Cap. 398 Laws of the Federation of Nigeria, 1990, and armed robbery contrary to and punishable under Section 1 (2) of the Robbery and Firearms (Special Provisions) Act, Laws of the Federation of Nigeria, 1990.

?The particulars of offence in the charge show that the Appellant along with the said Wasiu Yinusa conspired together to rob one Titus Okoye and indeed robbed the said Titus Okoye of the Sum of N230,000 (Two Hundred and Thirty Thousand Naira), precious stones worth N16,000 (Sixteen Thousand Naira) and other valuables while armed with a gun and a cutlass. According to the said particulars of offence, the crime took place on or about the 7th day of July 2004 along Aba Ayegun via Olode Village, Ibadan in the Ibadan Judicial Division of the High Court of Oyo State.

The Appellant pleaded not guilty to the charge. After

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trial which included two trials within trial, the learned trial judge on 4/1/2011 delivered his judgment. He found the Appellant guilty on both counts in the charge and sentenced him to death.

Dissatisfied and disconcerted, the Appellant quickly filed a Notice of Appeal on 21/1/11. He amended the Notice of Appeal by filing an Amended Notice of Appeal on 1/3/13. The said Amended Notice of Appeal was deemed properly filed and served on 25/11/14 by an order of this Court made on that date. In the Amended Notice of Appeal the Appellant marshaled 11 grounds on which he felt dissatisfied with the judgment of the lower Court.

Both parties filed and exchanged Briefs of Argument. The relevant Appellant?s Brief of Argument is the one dated and filed on 30/12/14. It was by an order of this Court, deemed properly filed and served on 11/11/15. The Respondents Brief of Argument was promptly filed on 11/11/15. A Reply Brief by the appellant was filed on 16/11/15.

Appellant’s Learned Counsel Musibau Adetunbi Esq. settled the Appellant’s Brief of Argument and also argued the appeal on the Appellant?s behalf on 20/1/16. The Respondent’s Brief was

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settled by the learned Director of Public Prosecutions (DPP) of the Oyo State Ministry of Justice, T.M. Abdulganiyu Esq. He also argued the appeal on the Respondent’s behalf.

The Appellant distilled three issues for determination in this appeal. Tie issues as shown in the Appellant’s Brief of Argument are the following:

1. Taking into consideration the entire circumstances of this case, more particularly the issue of admissibility or otherwise of Exhibit 1, was it proper for the honourable Court below to have conducted trial within trial twice taking into consideration his lordship’s finding of fact that the accused persons were tortured at the particular Police Station where the second confessional statement sought to be tendered was taken? (This issue was distilled from grounds 2, 9 and 11 of the grounds of appeal).
2. With or without Exhibits 1 and 2, could it be reasonably held that the totality of evidence led by the prosecution established the entire ingredients that must be proved in a case of armed robbery such that the two accused persons may be convicted for armed robbery on the ground that the prosecution proved its case beyond

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reasonable doubt? (This issue was distilled from grounds 3,4,7,8,9 and 10 the grounds of appeal); and