Abraham Abiodun V. The State (2016)

LawGlobal-Hub Lead Judgment Report

UZO I. NDUKWE-ANYANWU, J.C.A. 

This is an appeal against the judgment of the High Court of Lagos State by Hon. Justice M. Olokoba delivered on 30th day of August, 2012.

The facts as briefly stated are as follows:
By way of an amended Information dated 17th March, 2008, the Appellant (1st Accused) was charged along with two others on five counts of conspiracy to commit robbery and robbery contrary to Section 403A and Section 402 (1) of the Criminal Code Law, Cap C 17 Vol.2, Laws of Lagos State 2003. The Appellant together with the two accused pleaded “not guilty” and the matter proceeded to trial.

The Prosecution/Respondent called only one witness, one Corporal Sunday Ogbamebor and closed its case. Pw1/IPO testified as follows: that while he and his team were on patrol on 11th June, 2006 they noticed a suspicious commercial bus and decided to tail it. At about 11 pm around Fadeyi bus stop they noticed one of the passengers jumped off the bus unceremoniously and when interviewed he stated to the police team that his reason lay behind the fact he was being taken off his agreed route. This fact

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strengthened their decision to continue pursuing the bus. Upon reaching the top of the bridge at Fadeyi, they heard screams of distress of passengers and decided to bring the bus to a halt. When that was done the Appellant and two others were thereafter arrested upon identification by the passengers that they tried to rob them.

The Appellant’s counsel on his part filed a no case submission. In delivering his Ruling dated 22nd February,2010 the trial judge dismissed the 2nd – 5th counts (four counts) of robbery against the Appellant and the two accused persons but however, held that the Appellant had a case to answer in respect of the first count of conspiracy to commit robbery.

Consequently, the Appellant’s counsel opened its case by calling the Appellant DW1, and the other 2 accused as his witnesses. It is the case of the Appellant that he was not part of any conspiracy and stated that as at the time of his arrest he was returning from his job of molding blocks for one Abdul Rasheed Wasiu at Abule Egba. The policemen took him to Pedro police station at Shomolu where he was tortured for allegedly resisting them. He also noted that he was not arrested

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on 11th June, 2006 (the day the alleged crime was committed).

At the conclusion of the trial, the trial Court in a considered judgment found the Appellant and the two accused persons guilty of the offence and sentenced the Appellant together with the two accused persons to 21years each with hard labour.

Being dissatisfied, the Appellant filed a Notice of Appeal with five (5) grounds. The Appellant also filed his Appellant’s brief on 3rd day of November, 2015. In it, the Appellant articulated two (2) issues for determination. They are as follows:-
“(1) Whether the prosecution discharged the burden of proof required by law to establish the offence of Conspiracy against the Appellant.
(2) Whether the Learned Trial Judge was right to have convicted the Appellant on Exhibit P1, the alleged confessional statement.

In response, the Respondent filed its brief on 3rd day of December, 2015. In it, the Respondent articulated a sole issue for determination viz:
“Whether upon reviewing the totality of the facts presented and the evidence adduced before the Trial Court, the Respondent proved the offence of conspiracy to commit Robbery

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contrary to Section 403A of the Criminal Code Law Cap. 17, Vol. 2, Laws of Lagos State, 2003, against the Appellant and if the answer is in the affirmative whether or not the learned Trial Judge ought to have convicted and sentenced the Appellant to 21 years in prison with hard labour. (Distilled from Grounds 1, 2, 3, 4, and 5 of the Notice of Appeal).”