Azeez Niran V. The State (2010)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

JOSEPH SHAGBAOR IKYEGH, J.C.A (Delivering the Leading Judgment)

The appeal is against the judgment of the Ogun State High Court of Justice sitting and exercising its primary jurisdiction at Ijebu-Ode. It convicted and sentenced the appellant to five years imprisonment for the offence of conspiracy to commit robbery and to life imprisonment for the offence of attempted armed robbery contrary to Sections 5(b) and 2 (2), (b) of the Robbery and Firearms (special provisions) Act (Cap.39B), Laws of the Federation of Nigeria, 1990, as amended, respectively, His Notice of Appeal containing two grounds of appeal was filed on 19.2.08. This was pursuant to an order for extension of time granted by the court on 14.2.08.

Shortly put, the respondent’s case at the court below revealed that the P.W.1, one Segun Kehinde, was at all material times a commercial motor-cyclist al Ikenne in Ogun State. He plied his motor-cycle on 7.3.2003, looking for passengers. The appellant and his friend, Ahmed Olatidoye, paid him N100 to transport them from Ikenne to Aiyepe’

They commenced the journey, The appellant complained that his pair of shoes had fallen. The P.w.1 turned back to the spot for him to pick it. As soon as he stopped the motor-cycle, the appellant’s friend punched him in the face. Both of them started to beat the P.W.1, He fell off his motor-cycle. They struggled to snatch it from him. In the course of the struggle, P.W.1 switched off the engine of his motor-cycle’

Discovering the P.W.1’s said success, the appellant pulled out a pistol hidden inside his shirt, He aimed it on the P.w.1 and fired, It failed to fire, His friend urged him to hit the pistol butt on the P.W.1’s head. He complied. The effect pushed P.w.1 near to unconsciousness. They dragged him to a tall bush by the road-side. The appellant continued to pound the pistol butt on his head. The pistol butt gave way into two pieces before he stopped.

The evidence for the respondent added that P.W.1’s attempt to raise alarm was frustrated by the gagged condition he was subjected to by appellant and his friend. An elderly man eventually happened by’ He responded to his alarm. Some other persons also emerged near the scene. The appellant’s friend saw them. He stopped struggling to start the motorcycle. He abandoned it. He fled with appellant. They carried the broken pistol along with them.

The P.W.1 struggled out of the bush. Some motorists assisted him to the hospital. His small bag containing the sum of N800 disappeared’ He discovered that the appellant and his friend fled with it. His description of their physical features to the sympathizers led to their arrest on the same day. He left the hospital to the Police Station. There he identified the appellant and his friend as his attackers. The police recorded his statement.

The P.W.2, a notice sergeant at Odogbolu police station’ investigated the case. The voluntary statements of the appellant to him were admitted in evidence without objection as Exhibits B and D. He visited the scene of incident with the appellant’ the P.W.1 and many other persons on 10.3.2003. They searched the place of incident’ Nothing was found.

The P.W.3 a police corporal attached to the anti robbery section of the State C.I.D, Eleweran, Abeokuta, continued with the investigation of the case. He recorded the statement of the appellant’ The P.W.3 treated the statement as confessional. He took it to his superior officer, Assistant Superintendent of police (A.S.P.) Lukor Agbor, who endorsed it. The statement was admitted in evidence after a trial-within-trial, as Exhibit F.

He visited the scene of crime on 19.3.2003. The appellant’ the P.W.1, and an inspector of police called Olusegun Olusade’ accompanied him. They searched the scene. The butt of a shot-gun was recovered on the scene. It was admitted in evidence as Exhibit L.

The appellant’s case was that he accompanied his friend to Ikenne-Remo on 7.3.2003. They were on a visit to one brother Ibukun Gbadebo. They left his house at about 1p’m to return to Aiyepe. The P.W.1 carried them on his motor-cycle at Ikenne for the journey. He accepted the negotiated fare of N100 for the trip.

In the course of the journey, the P.W.1 asked them to add N20 on the fare to make for the effect of their heavy weight on the motor-cycle. They argued with him for some time. They refused to add the money, reminding him of the earlier agreed sum of N100 for the trip. The P.W.1 then demanded for the N100. They told him payment would be made at Aiyepe. He continued the journey. Just about three poles to their destination, the P.W.1 stopped the motor-cycle. He insisted on payment of the fare. The appellant paid him the agreed fare of N100. He insisted on N120. They refused to yield ground.

The P.W.1 boasted that he would use his OPC status to deal with them. They started to move away. The P.W.1 held the appellant on the collar of his shirt, He hit the appellant on the chest with fist blows. The appellant retaliated like-wise. It became a fight. An old man pushing his bicycle toward Aiyepe saw them. He stopped and stepped in to separate the fight. The appellant’s friend joined him. They succeeded in stopping the fight. The elderly man heard all of them to know the cause of the fight. He reprimanded the P.W.1 for demanding the extra fare of N20. He advised them to depart in peace. He left. The P.W.1 rode toward Aiyepe. They continued on foot in the same direction. Some policemen followed by the P.W.1 arrested them on the way.

The appellant confirmed the two visits to the scene of crime given in the evidence of the P.W.2 and the P.W.3, He denied assaulting and robbing the P.W,1. He ended his evidence by denying the respondent’s case.