Gani Aiyetigbon V. The State (2016)

LawGlobal-Hub Lead Judgment Report

JAMES SHEHU ABIRIYI, J.C.A. 

  The Appellant and the 1st accused person were convicted on the 16th May, 2013 in the High Court of Ondo State sitting at Akure for conspiracy to commit armed robbery and armed robbery contrary to Sections 6(2) (b) and 1(2) (a) and (b) of the Robbery and Firearms (Special Provisions) Act, Cap. R11 Vol. 14 Laws FRN 2004.

On 27th July 2011 between 12:30am and 1:30am the Appellant and many others invaded houses in Ondo town including the houses of Pw1 and Pw4.

They had successfully broken into the houses of the Pw1 and Pw4 and made away with several items before the police arrived and there was exchange of gun fire between the police and the armed robbers.

The appellant was arrested because the 1st accused person had mentioned him as belonging to the gang that carried out the robbery operation. The 1st accused person not only mentioned the appellant to the police but led them to the appellant’s house where the appellant was arrested.
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The Appellant made a statement to the police in which he made a clean breast of the offence. However, in Court he

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retracted his statement to the police.

In his defence in Court he said that he was washing his motorcycle on the 27th July 2011 at home. Policemen passed by. They stood in front of his house and asked whether he knew Ogbonna. He said he did not know him and they left. They went and turned their vehicle and came and parked where he was. One of the policemen came down and asked him to enter the vehicle. The policeman held on to the back of his trouser. He asked the policeman what he had done. The appellant and the policeman were shouting at each other. So the caretaker of the house came out and asked the appellant what was wrong. The appellant said he did nothing. When the caretaker persisted in asking questions both the caretaker and the appellant were taken into the vehicle and taken to the police station.

At the police station, he was beaten. He was chained and shot on the leg and he fainted. He met the 1st accused person for the first time at the police station.

Before he was shot he was told to confess. He said he did not do anything.
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When he told the police that he was not a thief they were just beating him in addition to

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the wound they had inflicted on him before. They placed a white book in their front and were writing. He did not know what they were writing.