Demo Oseni V. The State (2010)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

TIJJANI ABDULLAHI, J.C.A (Delivering the Leading Judgment)

This is an appeal against the judgment of the Kwara State High Court of Justice, sitting at Ilorin, Coram H.O. Ajayi (J) delivered on the 8th day of April, 2009 wherein the present Appellant who was initially charged with one other person was convicted and sentenced to death by hanging for the offence of Armed Robbery Under Section 1(2)(a) and (b) of the Robbery and fire Arms (special provision) Act Cap R II, Laws of the Federation of Nigeria, 2004,

Count two of the charge under which the appellant was found guilty and convicted reads thus:

“That you Abubakar Sadiq, Demo Oseni on or about 26th May, 2005 along Chikanda Road in Baruten Local Government Area of Kwara State within the jurisdiction of this Court killed one Umoru Sabi Sika with a cutlass and Robbed him of his Zinoki Supra motorcycle and attempted to sell same at Guru Market in Baruten Local Government Area and you thereby Committed an offence contrary to section 1(2) (a) and (b) of Robbery and fire Arms (special Provision) Act Cap R II Laws of Federation of Nigeria, 2004”.

The facts of the case as can be gleaned from the record of proceedings briefly are that: The appellant herein was originally arraigned along with one Abubakar Umaru Sadiq (1st accused) on a two count charge of criminal conspiracy and Armed Robbery contrary to sections 97(1)(2) of the penal Code and the Armed Robbery and fire arms (special provisions) Act Cap II Laws of the Federation of Nigeria, 2004.

The case for the prosecution was that on or about the 26th day of May, 2005 along Chikanda Road in Baruten Local Government Area of Kwara State the appellant and the said Abubakar Umar Sadiq conspired and killed one Umoru Sabi Sika and robbed him of his motorcycle.

That on the 28th day of May 2006, the son of the late Umoru Sabi Sika saw his father’s motorcycle being sold at Guru market and he went home to inform his uncle, Abubakar Sabi Sika. That the said uncle later went to Guru market on 30th May 2005 with one Danhadu Adamu and confirmed the information.

Danhadu Adamu, PW3 pretended to be interested in the purchase of the motorcycle and that he drove it to a police station where he made report and the 1st accused was arrested. Subsequently the 2nd accused person was also arrested.

In the course of trial, the first accused person was released on bail by the State Criminal Justice Committee on ground of ill health. Later he was rumored to have died.

The case proceeded to hearing and at the end of trial; the learned trial judge discharged and acquitted the appellant of the offence of conspiracy, convicted him of the offence of Armed Robbery and sentenced him to death by hanging. On page 71 of the printed record, the learned trial Judge held as follows:

“I therefore hold the view that the prosecution has proved the case of Robbery against the accused person Demo Oseni beyond every reasonable doubt and he is hereby convicted accordingly on the said charge.”

Dissatisfied with the judgment of the learned trial judge, the appellant approached this Court and filed a notice of appeal which carries four grounds. Devoid of their particulars, the four grounds read thus:

“Ground One: The learned trial judge erred in law when he held that the prosecution proved the offence of Armed Robbery against the appellant beyond reasonable doubt.

Ground Two: The learned trial judge erred in law when he relied on the alleged confessional statement (exhibit 5) of the appellant to convict him after the appellant gave evidence of threat with gun that if he failed to thumbprint the statement he would be killed and further evidence of torture with broom stick in his private part in a bid to secure the statement.