Ahmed Olatidoye V. The State (2010)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

JOSEPH SHAGBAOR IKYEGH, J.C.A.: (Delivering the Leading Judgment)

The Ogun State High Court of Justices sitting and exercising its original jurisdiction at Ijebu-Ode convicted and sentenced the appellant and one other person, Azeez Niran Lawal, to five years imprisonment each for the offence of conspiracy to commit robbery and to life imprisonment each for the offence of attempted armed robbery contrary to sections 5(b) and 2(2), (b) of the Robbery and Firearms (special provisions) Act (Cap.398), Laws of the Federation of Nigeria, 1990, as subsequently amended by the Tribunals (certain consequential Amendments ETC) Act, 1999, respectively. It appears from the compiled record of appeal that only the appellant appealed against the said conviction. His Notice of Appeal with two grounds of appeal was filed on 19.2.08, pursuant to an order for extension of time granted by this court authorising him to file the said appeal out of tlme.

Briefly stated, the respondent’s case at the trial court disclosed that the P.W.1, one Segun Kehinde, was at all material times a commercial motor-cycle rider at Ikenne in Ogun State. He rode his motor-cycle out on 7.3.2003, looking for fare paying passengers. The appellant and his companion, one Azeez Niran Lawal, agreed to pay him N100 to convey them from Ikenne to Aiyepe.

They started on the journey. The appellant’s companion complained that his pair of slipper shoes had fallen. It made the P.W.1 to turn back to the spot for him to pick it. Immediately he stopped the motor-cycle, the appellant suddenly punched him in the face. Both of them started to beat him. He fell off his motor-cycle. They struggled to dispossess him of it. In the heat of the 1st struggle, the P.W.1 switched off the engine of the motorcycle.

Realizing the P.W.1’s said success’ the appellant’s companion removed a pistol concealed underneath his shirt. He aimed it on the P.W.1 and pulled the trigger. The pistol refused to fire. The appellant told him to hit the pistol butt on the P.W1’s head. He did so. The effect drove the p.w.1 close to unconsciousness. They pushed him into a tall bush verging the road. The appellant’s companion continued to hit the pistol butt on the P.W.1’s head. The pistol butt split into two pieces before he stopped.

The evidence for the respondent also disclosed that the P.W.1’s effort to attract the attention of other road users was frustrated by the gagged condition the appellant and his companion had subjected him to during the said attack. An elderly man eventually trekked by. He heard his shout and immediately responded to it. Some other persons also started emerging near the scene. The appellant who was struggling to start the motor-cycle abandoned it, He fled with his companion. They carried the remnant of the broken pistol along with them.

The P.W.1 then managed to get himself out of the bush. Some motorists helped him to the hospital. P.W.1 testified that his small bag containing the sum of N800 was removed by the appellant and his companion. They fled with it. His description of them facilitated their arrest on the same day. He left the hospital to the Police Station. There he identified the appellant and his companion. His statement to the police was also recorded.

The P.W.2, a police sergeant at Odogbolu, was the first to investigate the case. The two voluntary statements made by the appellant to him were admitted in evidence without objection as Exhibits A and C. He visited the scene of incident on 10.3.2003, The P.W.1, the appellant, twelve motor-cycle hirers, One State Security (S.S,S) officer, and another policeman were among the team that visited the scene with him. They searched the place of incident. Nothing incriminating was found.

The P.W.3, a police corporal attached to the anti robbery section of the State C.I.D, Eleweran, Abeokuta, took over the investigation of the case. He recorded the statement of the appellant. The P.W.3 treated the statement as confessional. He took it to his superior officer, Assistant Superintendent of Police (A.S.P.) Lukor Agbor, who endorsed it. The statement was admitted in evidence as Exhibit E, after a trial-within-trial.

The P.W.3 also visited the scene of crime. The appellant, his companion, the P.W.1, and an inspector of police called Olusegun Olusade accompanied him. The visit was on 19.3.2003. They searched the scene. The butt of a shot-gun was recovered on the scene. It was admitted in evidence as Exhibit L,

The appellant’s case may be stated thus. He visited his uncle at Ikenne-Remo on 7.3.2003. He was with one Azeez Niran Lawal, his friend. They left his uncle’s house at about 1p.m intending to travel to Aiyepe. The P.W.1 conveyed them on his motor-cycle at Ikenne for the journey. He agreed to accept the negotiated fare of N100 for the trip.

About four minutes into the journey, the P.W.1 asked them to add N20 on the fare on account of the heavy effect of their weight on the motor-cycle. The appellant and his friend refused to add the money. They reminded him of the earlier agreed sum of N100 for the journey. The p.w.1 kept silence, He continued the journey with them. Before they reached their destination, the P.w.1 demanded for payment of the fare. They told him the payment would be made at Aiyepe. He continued the journey. They were about three poles to their destination before the P.w.1 stopped the motor-cycle. He insisted on payment of the fare. The appellant’s friend gave him the agreed fare of N100. He insisted on N120. They refused to yield ground.

The P.W.1 boasted he would use his OPC position to deal with them. They still stood their ground. He then held the appellant’s friend’s cloth, and pushed him about. It escalated into a fight between them. An elderly man on a bicycle saw what was happening and stopped. He stepped in to separate the fight. The appellant also joined him. They finally succeeded in stopping the fight. The elderly man then inquired into the cause of the fight. He ended blaming the P.W.1 for demanding the extra fare of N20. The elderly man left. The P.W.1 rode away. They continued the short distance left on foot. Before they would reach Aiyepe, some policemen arrested them. The P.W.1 was with them.

The appellant admitted making the voluntary statement to the police in Exhibit A. He confirmed the two visits to the scene of crime given in the evidence of the p.W.2 and the P.W.3. He denied assaulting and robbing the P.W.1. The appellant closed his testimony on that note.