Kazeem Adiamo V. The State (2014)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

JAMES SHEHU ABIRIYI, J.C.A. (Delivering the Leading Judgment)

The Appellant was arraigned before the High Court, Osun State sitting at Ikire on a one Count charge of armed robbery contrary to Section 1(1) and (2) (a) of the Robbery and Firearms (Special Provisions) Act Cap 11 Laws of the FRN.

The prosecution’s case according to the PW1 was as follows:

On the 1st November 2005, the PW1 while riding his motorcycle which he used for commercial purposes was stopped by the Appellant. The PW1 charged the Appellant N600. As they were going, the Appellant said they should branch at Ejemu’s compound in Apomu. There the Appellant got down to look for somebody. He came back shortly after and as they continued on the journey, the Appellant asked him to stay by a filling station to buy fuel.

The PW1 said he had enough fuel. But the Appellant said they were going a little further than Ajegunle where the PW1 was supposed to be taking him. As they continued the journey after leaving Ajegunle people were calling the Appellant Kazeem the PW1 saw a rock and said the motorcycle could not climb it. He told the Appellant that he could not continue on the journey and that the Appellant should come down.

As the PW1 was putting the motorcycle on high gear in order to climb the rock, the Appellant struck him with a cutlass on the head six times before the PW1 left the motorcycle. As the PW1 stretched his hand to protect himself the Appellant cut his fingers on both hands. The fingers were only held in place by a thin muscle.

He told the Appellant not to kill him because of motorcycle. But the Appellant said he would kill him because the PW1 had heard his name. The PW1 therefore pretended to have died. The Appellant then dragged him to the river close by.

After dragging the PW1 to the river, the Appellant cut him with a cutlass again by the waist and it was the belt that prevented his intestines from coming out. The appellant further carried a big stone and hit the PW1 on the mouth and a tooth came out. The Appellant washed the blood from the motorcycle, started it and left the PW1 there.

After about 10-15 minutes the Appellant came back again and cut PW1 with the cutlass on the legs particularly at the ankles so that when he gets up he would not be able to walk. The Appellant finally kept the cutlass and went away.

After the Appellant left him in the water some water entered into the PW1’s mouth and he was able to gain some strength. He crawled close to where he heard the sound of somebody cutting trees. He called out and an old man came out.

The old man went to Ajegunle and called people who brought another motorcycle and carried the PW1, first to the house then to the police station where the incident was reported and finally to Emmanuel Hospital Oluofirin in Ikire.

In his defence the Appellant said that he was a butcher. That he hired the PW1 to carry him to Orile-Owu. When he hired him, he was not carrying anything; he hired the PW1 to take him to Orile-Owu to collect money for the sale of meat. A little before getting to Ajegunle, the PW1’s motorcycle developed a fault.

The PW1 tried to repair it but it did not work. He asked the PW1 to let him repair it. After he repaired it, he asked the PW1 to push him and when it started he rode it away. He rode it to where he lived and he was arrested the same day.

According to the Appellant in exhibit D his statement to the police, he said he robbed the victim violently but of course he had said a different thing in Court.