Dominic Okolo & 3 Ors V. The State (1974)

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G. IRIKEFE, J.S.C.

The two appellants in this case and two others were tried before the Lagos Assizes on an information which reads as follows:

STATEMENT OF OFFENCE

Robbery with violence contrary to section 401 and punishable under section 402 of the Criminal Code.

PARTICUURS OF OFFENCE

Dominic Okolo (m), Festus Harris (m), Bassey Equere (m) and Sunday John Nwasoro (m) on or about the 1st day of April, 1970 at Surulere in the Lagos Judicial Division, being armed with a dangerous weapon, namely a gun robbed Sherifatu Abina (f) of the sum of N31,000 and gold trinkets all to the total value of N3,120 property of the said Sherifatu Abina and at the time of the robbery did use personal violence to the said Sherifatu Abina (f).

They were convicted by Adefarasin J. and each was sentenced to a term of 40 years imprisonment with hard labour. Against this conviction, this appeal has been brought.

The two appellants presented their arguments in person. The second appellant supplemented his argument with a lengthy written document in which he endeavoured to attack several aspects of the trial. It seems to us, after listening to the appellants, that their complaints may be summarised as follows:

(a) That the learned trial judge was in error not to have treated the 5th P.W. IBRAHIM OLADEJO as an accomplice or at least as a witness with an interest of his own to serve.

(b) That the learned trial judge was in error to have accepted the evidence of the complainant, 7th P.W. (MADAM SHERIFATU ABINA), when such evidence had been discredited by cross-examination and

(c) That the sentence passed on conviction was excessive. The facts on this case briefly are as follows:

On the 1st of April, 1970, the second appellant, Festus, Harris, who was a ticket collector at the Ajegunle Motor Park, approached the 5th P.W.,

IBRAHIM OLADEJO sometime in the afternoon of that day, for the hire of his Taunus combi bus, Registration No. LM 3308, P.W.5 was told that his vehicle was to be used by the 2nd appellant and one Nicholas for the removal of their personal effects from an address at Yaba. There was no evidence as to what the charge for the hire was to be. P. W. 5 then set off in his vehicle with the three men mentioned above in it. On the way, they stopped and took on two other men who later became the 1st and 4th accused in the case.

There is evidence that P.W.5 was persuaded to drive to several addresses on the mainland area of Lagos from one of which the men in the vehicle collected a pillowcase which contained a sub-machine gun and 2 pistols. The weapons were shared, the 4th accused taking the sub-machine gun while the 1st accused (now 1st appellant) and Nicholas each had a pistol.