Benjamin Friday V. The State (2016)

LAWGLOBAL HUB Lead Judgment Report

KUMAI BAYANG AKA’AHS, J.S.C.

This appeal is against the judgment of the Court of Akure Division (hereinafter called the lower Court) delivered on 16/5/2014 affirming the judgment of the High Court of Ondo State which convicted and sentenced the Appellant to death by hanging on 16/8/2012. The offences for which he and two others were found guilty were conspiracy to commit robbery and armed robbery.

The appellant who was the 1st accused and two others were arraigned before the Ondo State High Court sitting at Akure on a two count charge of conspiracy to commit armed robbery and armed robbery contrary to Sections 6(b) and 1{2)(a) of the Robbery and Firearms (Special Provisions) Act Cap Rll Vol. 14 Laws of the Federal Republic of Nigeria, 2004. The Charge No. HOD/SC/2008 read as follows:-

COUNT 1

STATEMENT OF OFFENCE

CONSPIRACY to commit armed robbery, contrary to and punishable under Section 6(b) of the Robbery and Firearms (Special Provision) Act Cap. RII Vol. 14 of the Laws of the Federal Republic of Nigeria, 2004.

PARTICULARS OF OFFENCE

BENJAMIN FRIDAY, MATTHEW THOMAS and NELSON FRIDAY

1

on or about the 1st day of February, 2008 at Ondo in the Ondo Judicial Division conspire with one another to commit a felony, to wit, armed robbery.

COUNT II

STATEMENT OF OFFENCE

ARMED ROBBERY, contrary to and punishable under Section 1(2)(a)of the Firearms(Special Provisions) Act Cap. Rll Vol. 14 the Laws of the Federal Republic of Nigeria, 2004.

PARTICULARS OF OFFENCE