Ibrahim Adeyemi V. The State (2017)

LAWGLOBAL HUB Lead Judgment Report

MARY UKAEGO PETER-ODILI, J.S.C.

This is an appeal against the judgment of the Court of Appeal also referred to as Court below or lower Court in a judgment delivered by the Ilorin Division of the Court, Coram: Hussein Mukhtar, Isaiah O. Akeju and Uchechukwu Onyenenam, JJCA dated 27th day of February 2014 which lead judgment was delivered by Hussein Mukhtar, JCA. The Court below affirmed the trial Courts conviction and sentence of the accused/appellant to death by hanging for the offences of criminal conspiracy and armed robbery punishable under Sections 6(B) and 1(2) of the Robbery and Firearms Act, Cap R11, Laws of the Federation of Nigeria, 2004.

FACTS BRIEFLY STATED:

The appellant was jointly charged with one Olabisi Olakunle as follows:-

COUNT ONE:

That you Ibrahim Adeyemi and Olabisi Olakunle together with Olaniyi and Taiye (at large) on or about the 13/10/2011 at Ojomo Estate Offa Garage Ilorin, Kwara State within the Jurisdiction of this Honourable Court conspired to commit an illegal act to wit: While armed with guns robbed one Adegbenle Olawale

1

and you thereby committed an offence punishable under Section 6(B) of the Robbery and Firearms (Special Provisions) Act Laws of Federation of Nigeria, 2004.

COUNT TWO:

That you Ibrahim Adeyemi and Olabisi Olakunle together with Olaniyi and Taiye (at large) on or about the 13/10/2011 at Ojomo Estate Offa Garage Ilorin, Kwara State within the jurisdiction of this Honourable Court while armed with guns robbed one Adegbele Olawale and you thereby committed an offence punishable under Section 1(2) of the Robbery and Firearms (Special Provision) Act Cap. R11, Laws of the Federation of Nigeria 2004.

COUNT THREE:

That you Ibrahim Adeyemi and Olabisi Olakunle together with Olaniyi and Taiye (at large) on or about the 13/10/2011 at Pipeline Road Ilorin, Kwara State within the jurisdiction of this Honourable Court conspired to commit an illegal act to wit: while armed with guns robbed one Mrs. Bunmi Afolayan and you thereby committed an offence punishable under Section 6(B) of the Robbery and Firearms (Special Provision) Act Laws of the Federation of Nigeria 2004.

The respondent called five witnesses at the trial while the appellant

2