Isiaka Adeyemi & Ors V. The State (2011)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

SIDI DAUDA BAGE, J.C.A. (Delivering the Leading Judgment)

This is an appeal against the judgment of Osidipe J. of the High Court of Justice, Ogun State, Ijebu-Ode judicial division delivered on the 17th July, 2003 in charge No. HOB/20/2000 Adedokun Adedeji Asegbe & 4 Ors. V. The State, in which the learned trial judge convicted and sentenced the accused persons (the three Appellants) to death, for conspiracy to commit armed robbery under Section 5(6) of the Robbery and Firearms (Special Provisions) Act Cap 398 Laws of Nigeria 1990 as amended, and armed robbery under Section 1(2) (a) of the same Act Cap 398 Laws of Nigeria 1990 as amended. The three accused persons/Appellants Isiaka Adeyemi, Tajudeen Lawal, Oluwakemi Aro pleaded not guilty to the charges. The charge at the lower court as contained at page 2 of the Record of Appeal reads as follows:-

COUNT I:

That you Adedokun Adedeji Asegbe (M), Isiaka Adeyemi (M), Tajudeeen Lawal (M) and Oluwakemi Aro (M) on or about the 26th day of July, 1999, at No. 59 Egbe Road, Oke Sopin, Ijebu-Igbo in the Ijebu Division conspired together to commit a felony to wit: Armed robbery and thereby committed an offence contrary to Section 5 (6) and punishable under Section 1(2) (a) of the Robbery and Firearms (Special Provisions) Act 1990 as amended by the Tribunal (Certain Consequential) Amendments, etc Act 1999.

COUNT II:-

That you Adedokun Adedeji Asegbe (M), Isiaka Adeyemi (M), Tajudeen Lawal (M), and Oluwakemi Aro (M), on or about the 26th day of July, 1999 at No.59 Egbe Road Oke-Sopin, Ijebu-Igbo in the Ijebu-Igbo Judicial Division while armed with offensive weapons to wit guns and robbed Alhaji Mustapha Esho of his 14 Hitachi Colour Television, three in one Alba Stereo Set 2 Sonny Speaker, 1 tuner Radio, N14,000.00 cash, jewelries, clothes and shoes and thereby committed an offence contrary to section 1(2) (a) of the Robbery and Firearms (Special Provision) Act 1990 as amended the Tribunals (Certain Consequential) Amendments ETC) Act 1999.

COUNT III:-

That you, Abiodun Umaru (M) on or about 27th day of July, 1999 at Ijebu-Ode Local Government Secretariat received a Television Set, a stereo and tuner radio property of Alhaji Mustapha Esho which were obtained by means of Armed Robbery and thereby committed an offence contrary to Section 4(a) of the Robbery and firearms (Special provision) Act Cap. 478 Laws of the Federation of Nigeria 1990 as amended by the Tribunals (Certain Consequential Amendments ETC) Act 1999″.

Briefly the prosecution’s case at the High Court was that, on the 26/7/99 armed with offensive weapons to wit guns entered the house of Alhaji Musibau Mustapha Eleso PW1, who saw the 4 accused persons coming out of his house with various items. He ran into his neighbourhood for safety. When he eventually, entered his room he discovered his money, the sum of N14, 000.00 in cash, a 14 inches Hitachi Coloured Television, two sonny speakers, three in one Alba recorder were all removed and other items belonging to his wife and his mother. Mrs. Modupe Mustapha his wife (PW2) said on the fateful date she saw four hefty men who had entered into their house, the one of the four hefty men asked her to co-operate or else she would be shot. That one of them packed her clothes and jewelries and her children wears. That they left her in the room lying down and they ransacked other rooms. That she later heard gun shots. That none of her clothes and jewelries was recovered. The accused denied the charge. The case went on to be tried with the prosecution calling three witnesses, while each of the accused persons gave evidence on his behalf. At the end of the trial both counsel for the prosecution and the defence addressed court, and the learned trial judge in a considered judgment delivered on the 17th July, 2003 convicted all accused persons on three count charge and accordingly sentenced them as follows as contained at page 62 of the Record of Appeal:-

(1) The sentence of the court upon you Adedokun Adedeji Asegbe is that you be hanged by the neck until you be dead and may the Lord have mercy on your soul.

(2) The Sentence of the court upon you Isiaka Adeyemi is that you be hanged by the neck until you be dead and may the Lord have mercy on your soul.

(3) The sentence 6f the court upon you Tajudeen Lawal is that you be hanged by the neck until you be dead and may the Lord have mercy on your soul.

(4) The sentence of the court upon you Oluwakemi is that you be hanged by the neck until you be dead and may the Lord have mercy on your soul.

It is against this conviction and sentence that the accused have appealed to this court. The three Appellants filed their three Notice of Appeal dated the 16th of September, 2003. The Notices of Appeal which are identical contains three Grounds of Appeal which are reproduced below:-