Adekunle Olatunji V. The State (2016)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

NONYEREM OKORONKWO, J.C.A. (Delivering the Leading Judgment)

The appellant Adekunle Olatunji as 2nd accused was charged and tried with two others for the offences of conspiracy to commit armed robbery and armed robbery contrary to Section 6 (b), punishable under Section 1 (2) (a) of the Robbery and Firearms (Special Provisions) Act and Section 1 (2) (a) of the Robbery and Firearms (Special Provisions) Act (Cap R. 11) Laws of Federation of Nigeria respectively.

The offences were allegedly committed at No. 81/33 Elega Federal Housing Estate Abeokuta on 22nd June, 2006 and at a place opposite IMA College Surulere Area off Abiola Way, Abeokuta on 14th December, 2006.

In the judgment delivered in the case on 2013/12, the High Court of Ogun State found the appellant and the 1st accused in that trial guilty of the offence charged and sentenced each to death by hanging. The 3rd accused in that trial was found not guilty and discharged.

By Notice of Appeal issued and filed 29th March 2012, the appellant appealed against the trial and conviction. The Notice was subsequently amended by the amended Notice of Appeal filed 15/5/16 which

1

raised the following five grounds of appeal herein after reproduced without the prolix particulars.

“GROUND ONE

The judgment of the Lower Court is unreasonable, bias, unwarranted and cannot be supported having regard to the evidence on record.

GROUND TWO

The Lower Court erred in law in convicting the appellant of the offences charged when it found the evidence of the appellant as 2nd accused not shaking and unchallenged by the prosecution.

GROUND THREE

The Lower Court erred in law in convicting the appellant for conspiracy when the same found the 3rd accused (the co-conspirator) not liable.

GROUND FOUR