Ganiyu Idris V. The State (2014)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

MUSA HASSAN ALKALI, J.C.A. (Delivering the Leading Judgment)

This is an appeal against the judgment of Kwara State High Court of Justice Ilorin delivered by Hon. Justice M. A. Folayan dated 31/07/2013 whereby the appellant and one Olayinka Mayowa Adebayo were convicted and sentenced each to 21 years for conspiracy and robbery under Section 97 of the Penal Code and Section 1(1) of the Robbery and Firearms (special provision) Act, Cap. R.11 Laws of the Federation of Nigeria 2004.

The appellant was the 2nd accused person and Olayinka Mayowa Adebayo were arraigned before the High Court of Justice Ilorin Kwara State on 3 count charges for criminal conspiracy, contrary to Section 97 of the Penal Code, armed robbery contrary to Section 1(2) of the Robbery and Firearms (Special Provision) Act, Cap. R.11 Laws of the Federation of Nigeria 2004 and illegal possession of firearms contrary to Section 3 of the Robbery and Firearms (Special Provision) Act, Cap. R.11 Laws of the Federation of Nigeria 2004.

Ganiyu Mayowa Adebayo and the appellant were in court from the beginning to the end of the trial. Each count of the charge was read, translated into English Yoruba and vice versa. Ganiyu Mayowa Adebayo pleaded not guilty to the charge. The appellant also pleaded not guilty to the trial.

The 3 count charges are read thus:

COUNT 1

That you Olayinka Mayowa Adebayo (M), Ganiyu Idiris, and Ayodeji Olalekan now at large on or about the 27th day of January, 2010 at Flower Garden Area GRA, Ilorin, Kwara State within the jurisdiction of this Honourable Court conspired to carry out an illegal act to wit, attacked and robbed Pastor Olowe Adekunle of his properties at gun point and you thereby committed an offence punishable under Section 97 of the Penal Code Law Cap. P. 4 Laws of Kwara State, 2006.

COUNT 2

That you Olayinka Mayowa Adebayo (M), Ganiyu Idiris (M) and Ayodeji Olalekan now at large on or about the 27th day of January, 2010 at Flower Garden Area GRA, Ilorin Kwara State within the jurisdiction of this Honourable Court while armed with dangerous weapons attacked and robbed Pastor Olowe Adekunle of his properties including but not limited to cash sum of N48,000 D and G wrist watch, computer flash drive, 3 GSM Handsets.

His Car Key, jewellery, one ring and some old currency notes to gun point and you thereby committed an offence punishable under Section 1(2) of the Robbery and Firearms (special provisions) Act, Cap. R.1 1 Laws of the Federation of Nigeria, 2004.

COUNT 3

That you Olayinka Mayowa Adebayo (M) on, or about the 18th day of November, 2009 at No. 4, Chief Matins Ndidi Street, Tanke Area, Ilorin, Kwara State within the jurisdiction of this Honourable Court was found to be in illegal possession of locally made pistols and life cartridges and you thereby committed an offence punishable under section 3(1) of the Robbery and firearms (special provisions) Act, Cap.R.11 Laws of the Federation of Nigeria 2004.

Seven witnesses testified for the prosecution during the trial, trial within trial proceeding was conducted by the court where two witnesses for prosecution and two witnesses for defence testified.

The court ruled that the confessional statement sought to be tendered was inadmissible and thereby rejected dated 18/4/2013.