Lukuman Adeniyi V. The State (2016)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

MOJEED ADEKUNLE OWOADE, J.C.A. (Delivering the Leading Judgment)

This is an appeal against the judgment of Hon. Justice I. O. Adeleke of the High Court of Justice, Osun State sitting at Ikirun delivered on 27th June, 2013.

The Appellant was one of the five (5) accused persons arraigned before the High Court of Osun State at Ikirun for the offences of conspiracy, to commit Armed Robbery and Armed Robbery contrary to Section 6 (b) and 1 (2) (a) and (b) respectively of the Robbery and Firearms Act, cap R-11 Laws of the Federation of Nigeria 2004. The charges were read over and explained to the Appellant and the other accused persons. They pleaded not guilty to each count of the charge.

The prosecution called six (6) witnesses including the Investigating Police Officer and tendered the statements of the Appellant and the other accused persons. The Appellant and the other accused persons gave evidence in defence but called no witnesses.

The case of the prosecution is that on 13th March, 2006, a gang of Armed Robbers armed with dangerous weapon including guns and cutlasses invaded and robbed a new site at Obagun via Ikirun the

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robbers fired shots at and wounded some vigilante men who pursued them. The Appellant was arrested and he named the other members of the gang which led to their arrest.

None of the prosecution witnesses was able to identify the Appellant or any of the other accused persons as a perpetrator of the crime on the day of the incident. The learned trial Judge however, based essentially on the purported confessional statements convicted the Appellant and the other accused persons as charged.

Dissatisfied with the judgment, the Appellant, at first filed a Notice of Appeal containing four grounds of appeal on 11/7/2013. And later filed an Amended Notice of Appeal on 1/4/2015.

The Appellant’s grounds of appeal together with their particulars as contained in the Amended Notice of Appeal are as follows:-

GROUNDS OF APPEAL:

GROUND ONE: ERROR OF LAW

1. The Learned trial Judge erred in law when he relied on the evidence of prosecution witnesses to convict the 1st Accused/Appellant.

PARTICULARS

(i) All the purported eye witnesses called by the prosecution i.e. PW1, PW2, PW3, PW4 and PW5 both in their statements to the Police as