John Asuquo v. The State Of Lagos (2024)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

MUHAMMAD IBRAHIM SIRAJO, JCA (Delivering the leading judgment)

The appellant, John Asuquo, was the defendant in the High Court of Lagos State, Ikeja Division, Coram: Ogunsanya, J., hereinafter called the lower court, wherein he was arraigned on a seven-count information dated 27th May, 2016. The said information, found at pages 4 – 5 of the record of appeal, is reproduced hereunder:

Statement of offence; count 1:

Conspiracy to commit robbery; contrary to section 297 of the Criminal Law of Lagos State, 2011.

Particulars of offence

John Asuquo and others at large on the 5th of July, 2015 between 02:45hrs to 03:00hrs at No. 2b, Lawal Court, Alausa, Ikeja, Lagos in the Lagos Judicial Division did conspire to commit robbery.

Statement of Offence; Count 2:

Armed robbery contrary to section 295(2)(a) of the Criminal Law of Lagos State, 2011 .

Particulars of offence

John Asuquo and others at large on the 5th of July, 2015, between 02:45hrs and 0300hrs at No. 2b, Lawal Court, Alausa, Ikeja, Lagos in the Lagos Judicial Division whilst armed with guns did rob one Wasiu Lawal of his three mobile phones, Dell laptop, and a cash sum of twenty thousand naira.

Statement of offence; Count 3:

Armed robbery contrary to section 295(2) (a) of the Criminal Law of Lagos State, 2011.

Particulars of offence

John Asuquo (M) and others at large on the 5th of July, 2015 between 02:45hrs and 03:00hrs at No. 2B, Lawal Court, Alausa, Ikeja, Lagos in the Lagos Judicial Division whilst armed with guns did rob one Emmanuel Egu of his laptop computer. Multilinks computer modem, two phones Samsung earphones speakers worth two thousand naira (N2,000.00) and cash sum of twelve thousand naira (N12,000.00).