Adewale Adedara V. The State (2009)

LawGlobal-Hub Lead Judgment Report

IGNATIUS IGWE AGUBE, J.C.A.

This appeal challenges the conviction and death sentence imposed on the Appellant by Honourable Justice Kayode Bamishile then sitting at the Ekiti State High Court, Ado- Ekiti and before whom the appellant was arraigned along with four others on a two count charge of conspiracy and armed robbery contrary to section 5(b) and punishable under section 1(2) (a) of the Armed Robbery and Fire Arms (Special Provisions) Act, Vol. XXII, Cap. 398, Laws of the Federation, 1990; for that on or about the 28th day of July, 1996, he and his co-accused persons robbed one Sunday Onomejoh of the sum of N300,000.00 (Three Hundred Thousand Naira) while armed with offensive weapons to wit: guns. The said judgment was delivered on the 18th day of June, 2002. The Appellant had earlier pleaded not guilty on the 25th of April, 2001 when he was so arraigned.

To prove its case, the prosecution called three witnesses and tendered the statement of the Appellant which was admitted as Exhibit E and the Attestation to the said statement before a superior police officer (Exhibit J). Other Exhibits tendered were Exhibits F, G1 and G2 and H1, H2 and H3 (three double barrel shot guns and three cartridges) said to have been recovered from the 1st Accused in the course of investigation.

The Accused/ Appellant on the other hand testified on oath retracting the confessional statement allegedly made to the PW1 and PW2 and subsequently called his mother who testified as DW4 in support of his case. According to him, on the 10th day of October, 1996, he came from Lagos to attend their new yam festival at Ibulosoro via Akure on 12/8/96 and on 13/8/96; he went to greet his mother at Akure to tell her that he was going back to Lagos on 14/8/96. On 13/8/96, in the evening, he was to go and see his friend and on getting to the junction of Sabo at Old Garage, one police officer by name Waidi arrested and took him to C.I.D office around 9.00 pm and detained him there at behind the counter. The said Waidi brought out a boy from the cell to look at him (the Appellant) and the boy nodded at the Appellant. There and then, a mobile policeman behind the Appellant started to fight him (Appellant) and so did Waidi who also joined in the fight after which the Appellant was subsequently rushed into the cell.

At 12.00 midnight Appellant was asked about Dele Ariyo, Deji Kayode,Felix Ogunleye but he told his tormentors that he did not know the persons. He also disclosed to the police officers his occupation which was wheel balancing and alignment and that his mission was to attend their new yam festival. The officers however told him that he was not ready to tell the truth and he was accordingly hung on the ceiling fan and he started crying. Waidi, then shot him on the leg and he became afraid. He was further questioned as to whether he went to Ise-Ekiti and he replied in the affirmative adding in the first instance that the two of them and later that Six of them went to Ise-Ekiti. He was then handcuffed and put in the cell.

The following day his (Appellant’s) people came and after they had left, the police again brought him out in company of two accused persons and one Sakora was killed because the police had been looking for him for a long time. As a result of that killing, he then confessed that it was true that he went to Ekiti to rob. The following day his statement was taken and when the police got to a certain stage, they stopped as according to them, he was not prepared to talk and he was remanded in the cell again.

Subsequently on the 2nd of October, 1996, Dele Gabriel was brought from another police station. The 2nd accused was brought out of cell but the said accused could not walk as he had blood over his body but managed to walk back to the cell. On the 4th day of October, 1996 he was called out with three other suspects, their photographs taken and they were subsequently taken to Magistrate’s Court 5 and from there to the prison yard Olokuta, Akure. He was later charged to the High Court at Ekiti in the company of the 1st and 2nd Accused persons.

Under cross-examination, the appellant denied knowing the PW1 but said he only saw the said PW1 when they were taken to the Magistrate’s Court 5. He admitted knowing the PW2 at the S.E.B, Akure but denied ever being involved in any case pertaining to the PW1 and PW2. He further stated that all the things that the PW1 and PW2 had said in the case about him were all lies but would not know the reasons why they should tell lies against him.

As for his educational status, the Appellant stated further that he attended Primary School at Ilesha, Osun State and also attended Secondary School up to Class two in Ilesha. Before he was arrested he was engaged in wheel balancing, alignment and vulcanizing, having trained on the job in Lagos. He added on further cross-examination that he was in Lagos in July, 1996 and did not come to Akure during that month. As for the confessional statement, he denied signing same as well as the Attestation (Exhibits ‘E’ and ‘J’). He disclosed that the said statement is written in English and the content as regards his father’s name is correct. He denied knowing Ise-Ekiti adding that he had never been there before.

The Appellant further stated under cross-examination as follows:

I. That as at 4/10/96 he was already at the police station and left that place that day.

2. That the two other accused persons were brought to him while in custody.
3. That he was not there when the two accused persons said that he (Appellant) was a member of their armed robbery gang.
4. That Exhibit F looked like a gun but it was not and does not belong to him.
5. That the 1″ Accused told lies against him when he said that he (Appellant) was the owner of Exhibit F one of the guns tendered in Court..
6. That he had not been at Ise-Ekiti before even though the police alleged that he was involved in a robbery at Ikere and at Ise.
7. That he thumb-printed the statement after he had been informed of the offence he allegedly committed.
8. That he does not know how to sign.
9. That he was shot but still walked with his leg; and finally
10. That the 1st and 2nd Accused persons are not his friends.

It would be recalled that in spite of the fact that the prosecution alleged that the Appellant and other Accused persons, took them to the scene of crime at Ise-Ekiti where they demonstrated in the house of Sunday Onomejoh and before the said Sunday how the robbery operation was carried out, neither the said Sunday Onomejoh nor John Unuafeh, his servant who both witnessed the commission of the offences, were called.

At the close of the case for the prosecution and defence, counsel on both sides addressed the Court and in his judgment the learned trial judge held thus: “(similarly, 3rd Accused is found guilty on counts 1 & 2 and I convict 1st, 2nd and 3rd Accused accordingly”. His Lordship subsequently pronounced the death sentence on the Appellant as follows:

3rd accused Adewole Adedara having been found guilty of armed robbery with the 1st and 2nd accused persons as stated above is sentenced to death by hanging by the neck till he be dead.