Legi Mohammed V. The State (2019)

LAWGLOBAL HUB Lead Judgment Report

CHIMA CENTUS NWEZE, J.S.C.

The appellant in this appeal and one Abu Mohammed [as accused persons] were arraigned at the High Court of Kwara State, Ilorin Judicial Division. They were, subsequently, tried by that Court which, on November 13, 2013, convicted them for the offences of Conspiracy and Armed Robbery. Hereinafter, this Court would, simply, be referred to as “The Trial Court.”

Aggrieved by his conviction, he [the appellant] appealed to the Court of Appeal, Ilorin Division, (hereinafter, simply, referred to as “The Lower Court”], which Court affirmed his conviction and sentence.

Still dissatisfied, he filed an Amended Notice of Appeal challenging the judgement of the lower Court. He presented just one issue for determination. It was couched thus:

Whether the Court of Appeal rightly held that the Prosecution proved the offence of Armed Robbery against the appellant beyond reasonable doubt

The respondent, equally, adopted this sole issue an issue which this Court too shall adopt in the determination of this appeal. Before that, however, a cursory view of

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the factual background to this appeal would not be out of place.

FACTUAL BACKGROUND

It was alleged that on or about December 28, 2011, while armed with cutlasses and Fulani sticks, the appellant, and his co-accused person, robbed three persons who were returning from Banni Market in Kaiama Local Government Area of Kwara State. The victims had gone to sell their yams to villagers at Onipede.

It was the Prosecution’s case that, when these victims got to a place at Odo Elere, and while ascending the hilly part of the road, the appellant and the co-accused person, suddenly, appeared from the bush. They started striking their victims with cutlasses and sticks.

The story, as presented by PW3, was that when the interference was getting out of hand, Fatai, his younger brother, engaged the co-accused, Abu Mohammed. He, Fatai, struck the co-accused person with a cutlass which he had collected from the self-same co-accused person.

Fatai was however, overpowered. He died in the process. PW3, who was badly injured with machete cuts on his head, had his lower arm cut off with machete. PW4, who was with

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