Alonge Temitope V. The State (2010)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

MOORE A. A. ADUMEIN, J.C.A. (Delivering the Leading Judgment)

The appellant and one Bunmi Ayodele were arraigned in the High Court of Ondo State. Count 2 of the information filed against accused persons reads as follows:-

“COUNT II:

STATEMENT OF OFFENCE

ARMED ROBBERY, contrary to and punishable under Section 1 (2) (b) of the Robbery and Firearms (Special Provisions) Act Cap 398 Vol. XXLL Laws of the Federation of Nigeria, 1990.

PARTICULARS OF OFFENCE

Alonge Temitope and Bunmi Ayodele on or about the 18th day of March, 2006 at No.30 Ala Close off Sijuade Akure in the Akure Judicial Division robbed one Mrs. lkengboju Onasile of the sum of Five Hundred Naira, One Sagem phone, VCD player, a Video machine, while armed with offensive weapons to wit, gun and knife.”

The case was tried and determined by O.O. Akeredolu, J. of the Ondo State High Court, sitting at Akure, who delivered judgment on the 10th day of December, 2007 whereby the appellant and his co-accused – one Bunmi Ayodele were convicted of armed robbery and, accordingly, sentenced to death by hanging or firing squad.

The appellant was not satisfied with the judgment of the lower court and he filed a notice of appeal, which contains 9(nine) grounds. The notice of appeal and the grounds and particulars thereof cover pages 112 to 118 of the record of appeal. With leave of court, the appellant filed an amended notice of appeal on the 25th day of June 2010 and the grounds, sieved or weeded of their particulars, are hereby reproduced as follows:-

“GROUNDS OF APPEAL

GROUND 1

The Learned Trial Judge erred in law when she held at page 24 of the Judgment as follows:

“The testimony of PW 1 is plausible and I believe it in toto. Therefore prosecution has satisfied the first two requirements laid down in the case of Bozin v The State (supra).”

“The testimony of PW 1 is plausible and I believe it in toto. Therefore prosecution has satisfied the first two requirements laid down in the case of Bozin v The State (supra).”