Aribigbola Awosika & Anor. V. The State (2010)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

STANLEY SHENKO ALAGOA, J.C.A. (Delivering the Leading Judgment)

This is an appeal against the judgment of Mobolaji Ojo J. of the High Court of Justice Ijebu Ode, Ogun State in Charge No. HCB/4C/2004 THE STATE V. ARIBIGBOLA AWOSIKA & ANOR delivered on the 8th February 2007 wherein the, Appellants as accused persons were convicted and sentenced to death on four counts of Conspiracy to commit armed robbery and Armed Robbery. The Appellants as accused persons were charged in the court below as follows:

“COUNT I.

That you, ARIBIGBOLA AWOSIKA, TAJUDEEN ADISA and others still at large on or about the 31st day of August, 2003 at Ijebu-Igbo in the Ijebu-Igbo. Judicial Division conspired together to commit a felony to wit: Armed Robbery and thereby committed an offence contrary to Section 5(b) and punishable under Section 1(2)(a) of the Robbery and firearms. (Special Provisions) Act (Cap. 398) Laws of the Federation of Nigeria 1990 as amended by the Tribunals(Certain Consequential Amendments etc) Decree 1999.

COUNT II

That you, ARIBIGBOLA AWOSIKA, TAJUDEEN ADISA and others still at large on or about the 31st day of August 2003 at Ijebu-Igbo in the Ijebu-Igbo Judicial Division while armed with offensive weapons to wit: Cutlass and axe robbed one Wasiu Fowosere of a G.S.M. Handset valued at N25,000.00 (Twenty-five thousand Naira) and a cash sum of N75,000.000 (Seventy-Five thousand Naira) and thereby committed an offence contrary to and punishable under Section 1(2) (a) of the Robbery and Firearms (Special Provisions) Act (Cap 398) Laws of the Federation of Nigeria 1990 as amended by the Tribunals (Certain Consequential Amendments etc) Decree 1999.

COUNT III

That you, ARIBIGBOLA AWOSIKA, TAJUDEEN ADISA and others still at large on or about the 31st day of August, 2003 at Surakatu Fowosere Avenue, Ijebu-Igbo in the Ijebu- Igbo Judicial Division while armed with offensive weapons to wit: Cutlass and axe robbed one Niyi Fowosere of two wrist watches valued at N5,500.00 (Five thousand five hundred Naira) and a cash sum of N40,000.00 (Forty thousand Naira) and thereby committed an offence contrary to and punishable under Section 1(2)(a) of the Robbery and Firearms (Special Provisions) Act (Cap 398) Laws of the Federation of Nigeria 1990 as amended by the Tribunals (Certain Consequential Amendments etc) Decree 1999.

COUNT IV

That you, ARIBIGBOLA AWOSIKA, TAJUDEEN ADISA and others still at large on or about the 31st day of August, 2003 at Surakatu Fowosere Avenue, Ijebu-igbo in the Ijebu-Igbo Judicial Division while armed with offensive weapons to wit: cutlass and axe robbed one Mrs. Yemi Fowosere of a sum of N15,000.00 (Fifteen Thousand Naira) and thereby committed an offence contrary to and punishable under section 1(2)(a) of the Robbery and Firearms (Special Provisions) Act (Cap 398) Laws of the Federation of Nigeria 1990 as amended by the Tribunals (Certain Consequential Amendments etc) Decree 1999.”

They pleaded not guilty to the charge. Four witnesses testified for the prosecution as PW1-PW4 while each of the accused/Appellants testified in his own defence as DW1 and DW2 and called no witness. The case for the prosecution as stated by PW1, PW2 and PW3 is that on the 31st August 2003 at about 1.30 a.m. some robbers armed with axe and cutlasses broke into their house at Sirakatu Fowosere Avenue, Ijebu Igbo and robbed them of money, wrist watches and GSM handsets. Statements of the accused/Appellants which were confessional in nature but which were later denied were tendered and admitted in evidence without objection as Exhibits “A” and “B”. The Appellants denied the charge claiming not to be at the scene of the alleged robbery on the date and time in question. Counsel on both sides addressed court at the end of the case for the prosecution and defence and in a considered judgment delivered on the 8th February 2007, the learned trial Judge Mobolaji Ojo J. found the accused/Appellants guilty of the four count charge of Conspiracy to Commit Armed Robbery and Armed Robbery and sentenced each of the two accused/Appellants to death pursuant to S.1(2)(a) of the Robbery and Firearms (Special Provisions) Act as amended by the Tribunals (Certain Consequential Amendments etc) Act 1999. Dissatisfied with this judgment the Appellants appealed to this Court by their Notices of Appeal which are at pages 60 and 61 of the Record of Appeal.

The Appellants brought a motion on Notice elated the 14th February 2008 and filed on the 27th February 2008 pursuant to Order 16 Rules 3(3); Order 7 Rules 1 and 10; Order 19 Rules 2 and 3 of the Court of Appeal Rules 2007 and under the inherent jurisdiction of this Court praying for the following orders:-

“(a) Amending the Notices of Appeal in terms of Exhibits “3” and “4” attached to this application.

(b) Deeming the Amended Notices of Appeal already filed as properly filed.