Kehinde Ajumobi 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 on the 11th day of July 2012 by Hon. Justice H. O. Ajayi whereby the appellant and one Raheem Ayinde were convicted for the offence of armed robbery and sentenced to 14 years imprisonment without an option of fine.

The appellant and one Raheem Ayinde were arraigned before the Kwara State High Court of Justice sitting at Ilorin (herein referred to as the Court below) on a Six-Court charge of conspiracy to commit armed robbery contrary to sections 97 of the penal code and Section 1 (2) (a) of the robbery and fire arms (special provision) Act Cap R.11 Laws of the Federation of Nigeria 2004.

The appellant and other Raheem Ayinde 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. The appellant and other Raheem Ayinde pleaded not guilty to the charge.

The 6 counts read as follow:-

COUNT-ONE

That you Kehinde Ajumobi and Raheem Ayinde on or about the 12th August 2009 at No 74 Olorine Compound, Budo-Nuru area Ilorin Kwara State within the jurisdiction of this Honorable Court, agreed to do illegal act wit to rob one Ismaila Kolawole, Rashidat Ismaila, Idris Afanda and Popoola Shade with gun, Cutlass and broken bottle with dangerous weapon and you hereby committed an offence punishable under Section 97 of the penal code.

COUNT-TWO

That you Kehinde Ajumobi and Raheem Ayinde on or about the 12th August 2009 at No.74 Olorine Compound, Budo-Nuru area Ilorin Kwara State within the jurisdiction of this Honorable Court, while armed with gun, Cutlass and broken bottle robbed one Ismaila and carted away his wallet containing the sum of N3,400,00 vo6m, as double Sim GSM Handset valued N9,000,00 a wrist watch valued N3,000,00 and you hereby committed an offence punishable under Section 1(2) of robbery and fire arms (special provision) Act Cap R11 Laws of the federation of Nigeria 2004.

COUNT- THREE

That you Kehinde Ajumobi and Raheem Ayinde on or about the 12th August 2009 at No 74 Olorine Compound, Budo-Nuru area Ilorin Kwara State within the jurisdiction of this Honorable Court, while armed with gun, Cutlass and broken bottle robbed Rashidat Ismaila and carted away her Nokia handset valued N21,000.00 and you hereby committed an offence punishable under Section 1(2) of robbery and fire arms (special provision) Act Cap R11 Laws of the federation of Nigeria 2004.

COUNT-FOUR

That you Kehinde Ajumobi and Raheem Ayinde on or about the 12th August 2009 at No. 74 Olorine Compound, Budo-Nuru area Ilorin Kwara State within the jurisdiction of this Honorable Court, while armed with gun, cutlass and knife robbed one Saadu Garuba the sum of N5,000,00 and Nokia 1110 handset valued 1(2) of robbery and fire arms (Special Provision) Act Cap R11 Laws of the Federation of Nigeria 2004.

COUNT-FIVE