Akeem Agboola V. The State (2011)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

SIDI DAUDA BAGE, J.C.A. (Delivering the Leading Judgment)

This appeal arises from the judgment of Ojo J. of the High Court of Justice, Ogun State, Ijebu Ode Division, delivered on the 30th of March, 2009, in charge No. HcJ/24c/07. The State Vs. Akeem Agboola The Appellant was charged with one count charge as follows: –

“The accused is ,charged with one count of the offence of armed robbery in that on or about 26/4/2007 along Sagamu/Ijebu ode Expressway near Odogbolu junction in the Ijebu Ode Judicial Division while armed with a Knife robbed one Sunday Cornelius of his Jincheng motor-Cycle, Two nokia phones and the sum of four thousand Naira, an offence contrary to section 1 (2) (a) of the Robbery and Fire arms (special provision) Act (Cap. R. 11) Laws of the Federation of Nigeria, 2004.

The accused person pleaded not guilty to the charge.

Briefly the prosecution’s case is that, or the 26th of April, 2007, the Appellant engaged Sunday Cornelius (PW1) a vulcanizer and a commercial motor-cyclist operating at the Lagos garage, Ijebu Ode to carry him (Appellant) from Ijebu Ode to Sagamu. PW1 initially refused on account of the long distance and because his motorcycle was then unregistered but after persuasions by one Adeleke Taiwo, PW1 agreed. They left Ijebu Ode for Sagamu at about 12 noon.

After the Appellant had finished his business in Sagamu, they headed back to Ijebu-Ode at about 7.00 p.m. shortly before Odogbolu junction the Appellant ordered PW1 to stop under the pretext that he wanted to ease himself. The Appellant eventually slashed PW1 on his neck with a knife and made away with the motorcycle.

PW1 managed to run to Odogbolu junction for help. The motorcyclists at the park helped him to Aiyepe police station and from there the police took him to the General Hospital Aiyepe for treatment. He was referred to the State Hospital Ijebu-Ode. The appellant was later arrested in Lagos with the motorcycle. On request, the Appellant was released to the police in Odogbolu and later transferred to State CID Eleweran Abeokuta.

The Appellant was arraigned on a charge of armed robbery. He denied the charge against him. The learned trial judge after a thorough appraisal of facts and evaluation of evidence adduced at trial found the appellant guilty of the charge and sentenced him to death accordingly.

Being dissatisfied with the judgment the Appellant has now appealed to this court.

From the Amended Notice of Appeal dated 20th August 2010, filed 24th August 2010 containing nine (9) grounds of appeal, the learned counsel to the Appellant distilled the following four (4) issues for determination viz:

“(1) Whether or not there is any probative value in Exhibits B & B1 and C & C 1 for same to be relied on by the trial court as confessional statement in convicting the Appellant Grounds 2 and 4 of the amended grounds of Appeal

(2) Whether the trial court was right to have relied on inadmissible evidence and the same to convict the Appellant at the lower court Grounds 5, 6 and 8 of the amended grounds of Appeal

(3) Whether the prosecution established the identity of the Appellant as the assailant in the robbery incidence dated 26/04/07. Grounds 1, 3 of the amended grounds of appeal.

( 4 ) Whether or not the prosecution proved its case beyond reasonable doubt to secure conviction of the appellant at the lower court grounds 7 and 9.