Akeem Afolahan V. The State (2017)

LAWGLOBAL HUB Lead Judgment Report

SIDI DAUDA BAGE, J.S.C.

This is an appeal that arose from the judgment of the Court of Appeal of Nigeria, Akure Division delivered on 8th May, 2012, as contained at pages 128-158 of the Record of Appeal. In its judgment, the Court below upheld the decision of the learned trial Judge, Bada J. (as he then was) which had convicted and sentenced the Appellant for the charge of armed robbery.

Being dissatisfied with the decision of the lower Court, the Appellant filed the instant appeal vide a Notice of Appeal dated 16th June, 2014, and filed 18th June, 2014, wherein he raised five (5) ground of appeal as contained at pages 162-167 of the Record of Appeal.

SUMMARY OF FACTS:

The Appellant was arraigned at the High Court of Osun State sitting in Osogbo on a two count charge of conspiracy to commit felony, to wit: Armed Robbery, contrary to Section 5(b) of the Robbery and Firearms (Special Offences) Act Cap.398 VoI.XXII, Laws of the Federation of Nigeria 1990 and the offence of Armed Robbery contrary to Section 1(2)(a) of the of the Robbery and Firearms (Special Offences) Act Cap.398 Vol. XXII, Laws of the Federation of Nigeria 1990

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The prosecution called five (5) witnesses to prove its case. The Appellant gave evidence in his defence and called another witness. The case for the prosecution was that the Appellant with others at large, at about 10:30 p.m on the 21st day of December, 1999, robbed one Alhaja Sariyu at gun point while armed with guns, and dispossessed their victim of the sum of One Hundred and Forty Thousand Naira (N140,000.00) at No. 44 Kola Balogun Street, Osogbo, Osun State.

In his defence, the Appellant denied participating in the crime for which he was charged. He said he only took somebody to the scene as a passenger on his commercial motorcycle popularly called Okada which he rented from the owner on terms as to the amount of money to pay or deliver to the owner on daily basis. The Appellant said he had a disagreement with the passenger as to payment of his fare and that in the course of his disagreement with the passenger he heard a gunshot which caused him to take to his heels. He was later arrested and charged for armed robbery.

The trial Court found him guilty on

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both counts. He was then convicted and sentenced to death by hanging. The verdict was affirmed by the lower Court leading to this appeal.

ISSUES FOR DETERMINATION:

The Appellant filed his Brief of Argument dated 27th June, 2014, and formulated three issues for determination before this Court. The Appellant also filed a Reply Brief dated 16th October, 2014. On its part, the Respondent filed Respondent Brief dated 19th October, 2014, and formulated two issues for determination.

The issues formulated by the Appellant are: