Faslat Adepoju V. The State (2014)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

Y. NIMPAR, J.C.A (Delivering the Leading Judgment)

This is an appeal against the judgment of HONOURABLE JUSTICE A. O. WILLIAMS delivered on the 16th day of October, 2009 wherein the Appellant along KEZEEM RAIMI were convicted for the offence of conspiracy and robbery.

Dissatisfied with the judgment, the Appellant appealed against the judgment and the notice of appeal dated 15/03/2013 set out 4 grounds of appeal. Appellant distilled 3 issues for determination there from the 4 grounds of appeal.

The Respondent formulated 2 issues for determination in this appeal.

The brief facts are that the appellant and one KAZEEM RAIMI were arraigned before the Lagos State High Court of Justice on a 2 count charge of conspiracy and robbery. The prosecution called 2 witnesses while the defendants testified and did not call any other witness. Upon trial, the learned Judge found both appellant and KAZEEM RAIMI guilty of conspiracy and robbery and sentenced each of them to 21 years term of imprisonment thus this appeal.

The Charge Sheet upon which the Appellant was tried states thus:

“STATEMENT OF OFFENCE 1st Count Conspiracy to commit robbery contrary to section 403A of the Criminal Code Law Cap 17 Vol. 2 Laws of Lagos State 2003.

PARTICULARS OF OFFENCE

KAZEEM RAIMI (M) FASLAT ADEPOJU on or about 4th day of January 2006 at No. 83 Transit Village, Victoria Island, Lagos. In the Lagos Judicial Division Lagos State did conspire with one another to commit a felony to wit robbery.

STATEMENT OF OFFENCE – 2nd Count

Robbery contrary to section 402 (1) of the Criminal Code Law Cap C17 vol. 2 Laws of Lagos State 2003.

PARTICULARS OF OFFENCE

KAZEEM RAIMI (M), FASLAT ADEPOJU on or about 4th day of January 2006 at No. 82 Transit Village, Victoria Island, Lagos. In the Lagos Judicial Division Lagos State did rob one Eti Osa OZIGBO ESERE of her belongings one LG Colour Television valued at 34,000.00, one DVD Engine valued at 13,000.00, three Wrist Watches valued at N30,000.00 one Siemen Mobile Phone and Nokia camera phone valued 38,000.00.”

The issues formulated by the Appellant are as follows: