Cosmos Obi V. The State (2016)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

JAMES SHEHU ABIRIYI, J.C.A. (Delivering the Leading Judgment)

This is an appeal against the judgment of the High Court of Ondo State holden at Akure delivered on 28th May, 2014 convicting the Appellant, Pastor Adeniyi Matthew, Akeem Benjamin and sheriff Ogunleye for conspiracy to commit armed robbery and armed robbery. Three others were discharged and acquitted.

The Appellant and six others were charged for conspiracy to commit armed robbery and for armed robbery contrary to Sections 5(b) and 1 (2) (b) of the Robbery And Firearms (Special Provisions) Act Cap 398 Laws of the Federal Republic of Nigeria.

According to the prosecution, a branch of N.B.M. Bank here in Akure was raided by armed robbers. The bank reported to the police that a sum of N26 million was taken away by the robbers. The robbery incident occurred between the night of 2nd July, 2005 and 3rd July, 2005. The accused persons were arrested during the course of investigation. The police received information that the police in Ibadan arrested one Evangelist in possession of a sum of N825,000 in N.B.M Bank wrappers.

?Through the Evangelist, the police was able to arrest five suspects

1

linked to the robbery. They were arrested between Ibadan and Ikire. The Appellant was arrested at Ibadan.

The accused persons were brought to Akure to the N.B.M Bank based on their confessions. The police made them go through the roles they played during the robbery and the whole thing was recorded in video after they left the bank premises where the accused persons demonstrated their roles in the robbery. They left for Ibadan where two Dane guns and two live cartridges were recovered from one Aderemi who was released by the Chief Judge during a prison visit.

The two Dane guns and two live cartridges were admitted in evidence and marked Exhibits B, B1 and C.

The police recovered over N1 million from the Appellant. The money was kept in his house where the police found it. The money they found in the house of the Appellant was still in N.B.M. wrappers. However, he deposited some in the bank.

When they completed their investigation, the police released the money recovered to the N.B.M Bank through a bond Exhibit E.

?Original case diary according to the police was lost and so certified true copies of statements of the accused persons which all the accused persons

2 denied making were tendered in evidence, admitted and marked Exhibits H, J, K, L and M. The one made by the Appellant was marked Exhibit J. The statements according to the Pw1 were confessional.

They recovered some cash from the Appellant but the money was not in N.B.M. Akure wrapper.