Akinlo Ifedayo V. The State (2018)

LAWGLOBAL HUB Lead Judgment Report

AMINA ADAMU AUGIE, J.S.C.

The Appellant and three others were arraigned before the High Court of Ondo State, Akure, on a Three-Count Charge of conspiracy to commit armed robbery, armed robbery and receiving stolen property. It was only first Accused that was charged with receiving “a Multilink Nokia cell phone, property stolen from Dr. Obanoyen Ademola by armed robbers”, including Appellant, who was the third Accused.

He pleaded not guilty to the charge against him and to prove its case, the Prosecution called three witnesses, and tendered nine Exhibits. The Accused Persons testified in their defence, and they did not call any other witnesses.

The Prosecution’s case is that the Appellant along with second and fourth Accused Persons and others at large, robbed the said Dr. Obanoyen on 12/11/2011 at his house in Owo, Ondo State, and carted away laptops, handsets and money while armed with guns and offensive weapons.

In his Statement to the Police, Exhibit A5, the Appellant confessed that they were armed with guns and robbed the said Dr. Obanayen, who was PW3, of the aforesaid items.

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However, in his testimony as DW3, the Appellant denied the allegation against him, and said he only knew obout a fight between his landlord’s son and two boys of his co-tenant.

The learned trial Judge, O. O. Akeredolu, J., delivered Judgment on 20/3/2013, wherein he observed as follows:

The oral evidence of the 3rd (Appellant) and 4th Accused is a far cry from their Statement to the Police. They did not lead any evidence to justify inconsistency in the written and oral evidence. They did not call any evidence to buttress their oral evidence. In their extra-judicial Statement, each named the other as members of the same robbery gang. Both 3rd and 4th Accused acknowledged that the items they stole from PW3 include phones and laptops. 3rd Accused Stated in Exhibit A5 “Waidi left with phones and laptops. 4th Accused said he knew Adijat, whom he described as the sister of Waidi. Adijat is the 1st Accused. One of the handsets of PW3 was recovered from her. Both the 3rd and 4th Accused Persons confessed that the wall of the house of PW3 was broken for them to gain entry into his house. PW3 said the robbers hit his wall before they gained access.

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When Police came and PW3 had the courage to come out, he said he discovered that the robbers broke his wall and entered through the living room. One of the handsets was found on Adijat, the first accused.

The learned trial Judge thereafter concluded as follows-

The 3rd and 4th Accused had opportunity to commit the crime. The contents of Exhibits A5 and A6 are consistent with the oral evidence of the Prosecution. In summary, the Prosecution has proved beyond reasonable doubt that the 2nd, 3rd and 4th Accused conspired to commit armed robbery and that they committed armed robbery contrary to Section 1 (2) (a) and Section 6 (b) at the Robbery and Firearms Act (Special Provisions) Act Cap 311, Vol. 14, Laws of the Federation of Nigeria, 2004. I find the 2nd – 4th Accused guilty as charged.

2. I hereby sentence you Akinlo Ifedayo to death by hanging by the neck until you be dead or by firing squad as may be prescribed by the Governor.

Dissatisfied with his conviction and sentence, the Appellant appealed to the Court of Appeal with a Notice of Appeal that was later amended. The Amended Notice