Lateef Elegbede V. The State (2016)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

MONICA BOLNA?AN DONGBAN-MENSEM, J.C.A. (Delivering the Leading Judgment)

This appeal challenges the decision of the Ogun State High Court delivered on the 5th November, 2013 in which the Appellant was convicted and sentenced to death by hanging for Armed Robbery. The offence is punishable under Section 1(2)(a) of the Robbery and Firearms (Special Provisions) Act (Cap R.11) Laws of the Federation of Nigeria 2004.

The Appellant was arraigned as a 2nd Accused person along with one other person by the name of Olegbeye Abiodun on the 21st day of March, 2012. They each pleaded not guilty to the two counts of charge of conspiracy to commit Armed Robbery and Armed Robbery contrary to Sections 6(b) and 1(2)(a) of the Robbery and Firearms (Special Provisions) Act (Refer page 20 of the records transmitted to this Court on the 13th December, 2013, henceforth to be simply referred to as the records).

At the end of the proceedings which had four Prosecution witnesses and two defence witnesses being each of the Accused persons, the learned trial Court Coram Hon. Justice M, A. Dipeolu discharged the 1st accused person and convicted the 2nd accused person.

?The facts at the

1

trial were that two person were arraigned after their arrests, following the incident which took place about two weeks before their apprehension on being recognized by the alleged victim.

They each made statements. The Appellant was the 2nd accused person before the trial Court. Part of his statement is as follows:-

“….We see one small boy with one Bajay Boxer motorcycle and we ask the boy to carry myself and Abiodun to Egbe road which he carry us but immediately we branch to that Egbe road and am the person that remove the gun and point it to that boy and Abiodun Olegbeye carry cutlass. The boy said we should not kill him and he handover the motorcycle key to us, Abiodun ride the motorcycle and I sat behind him

On the other hand the 1st Accused is alleged to have confessed partly as follows:-

On 29th of September, 2009, I went to Lateef Elegbede?s house?I was the person that holds the gun while Lateef Elegbede (M) hold the cutlass?As we were going on the way, I told the rider that he should pack and I brought the gun out while the Lateef Elegbede (M) also brought out the cutlass out and we use (it for) it to collected

2

the Bajay Motorcycle…”

The story of the Respondent which led to the conviction and sentence of the Appellant as told by the alledged victim is as follows:-