Madubigwe Awelle V. The People Of Lagos State (2016)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

TIJJANI ABUBAKAR, J.C.A. (Delivering the Leading Judgment)

This appeal is against the Judgment of the High Court of Lagos State delivered by Ogunsanya J, on the 13th day of July 2015; wherein the Appellant was found guilty of the offence of conspiracy to commit armed robbery and armed robbery. Appellant was then convicted and sentenced to death. The facts are briefly that the Appellant was alleged to have conspired with others now at large and robbed one Gbenga Adeshina of his red coloured Murano Jeep on the 26th day of August 2012 at about 5.10 am at No; 15 Abayomi Odubena Street, Owutu, Ikorodu Lagos.

Appellant was then arrested, arraigned, tried, convicted and sentenced to death. Both parties in this appeal gave their own version of what constitutes the facts of the case, at the trial the prosecution called three witnesses and tendered Exhibit P1, confessional statement of the Appellant. PW2 is one of the victims of the alleged offence, while PW1 and PW3 are investigating Police officers. It is proper for this Court to reproduce the charge against the Appellant and proceed to consider the grievance of the Appellant against the decision of the lower Court.

1

The two-count charge against the Appellant read as follows:

STATEMENT OF OFFENCE – 1ST COUNT

Conspiracy to commit a felony to with: Armed Robbery contrary to Section 297 of the Criminal Law of Lagos State 2011.

PARTICULARS OF OFFENCE

MADUBIGWE AWELLE (M) and others now at large on or about the 26th day of August 2010 at about 5:10 am at No. 15 Abayomi Odubena Street Owutu, Ikorodu, Lagos in the Ikeja Judicial Division did conspire with others now at large to commit a felony to wit Armed Robbery.

STATEMENT OF OFFENCE ? 2ND COUNT

Armed Robbery contrary to Section 295 (2) (a) of the Criminal Law of Lagos State 2011.

PARTICULARS OF OFFENCE

MADUBIGWE AWELLE (M) and others now at large on or about the 26th day of August 2012 at about 5:10 am at No. 15 Abayomi Odubena Street, Owutu Ikorodu Lagos in the Ikeja Judicial Division with a gun did dispossess one Mr. Gbenga Adeshina of his red coloured Murano Jeep with Registration No. BQ 496 KUJ worth Three million, Five hundred naira.

The Learned Director of Public Prosecutions Lagos State Ministry of Justice, Mrs. Olabisi Ogungbesan, filed the charge against the