Micheal Fafuru V. The State (2016)

LawGlobal-Hub Lead Judgment Report

UZO I. NDUKWE-ANYANWU, J.C.A.

This is an appeal against the judgment of the High Court of Lagos State by Hon. Justice M. Olokoba delivered on 30th day of August, 2012.

The facts as briefly stated are as follows:

By way of an amended Information dated 17th March, 2008, the Appellant (2nd Accused) was charged along with two others on five counts of Conspiracy to commit robbery and robbery contrary to Section 403A and Section 402 (1) of the Criminal Code Law, Cap C 17 Vol. 2, Laws of Lagos State 2003. The Appellant together with the two accused pleaded “not guilty” and the matter proceeded to trial.

The Prosecution/Respondent called only one witness, one Corporal Sunday Ogbamebor and closed its case. Pw1/IPO testified as follows: that while he and his team were on patrol on 11th June 2006 they noticed a suspicious commercial bus and decided to tail it. At about 11 pm around Fadeyi bus stop they noticed one of the passengers jumped off the bus unceremoniously and when interviewed he stated to the police team that his reason lay behind the fact he was being taken off his agreed route. This

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fact strengthened their decision to continue pursuing the bus. Upon reaching the top of the bridge at Fadeyi, they heard screams of distress of passengers and decided to bring the bus to a halt. When that was done the Appellant and two others were thereafter arrested upon identification by the passengers that they tried to rob them.

The Appellant’s counsel on his part filed a no case submission. In delivering his Ruling dated 22nd February, 2010 the trial judge dismissed the 2nd – 5th counts (four counts) of robbery against the Appellant and the two accused persons but however held that the Appellant had a case to answer in respect of the first count of conspiracy to commit robbery.

Consequently, the Appellant’s Counsel opened its case by calling the Appellant DW2, and the 1st and 3rd accused as his witnesses. It is the case of the Appellant that he was not part of any conspiracy. He stated that on 12th June, 2006 as he was returning from his at Ladipo at about 6.00pm. He took a commercial motorcycle from Ladipo to Oshodi. On alighting from the motorcycle he gave N500 note to the motorcyclist who became agitated as he did not have any change. He went

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out to look for change but with no success. The motorcyclist who was now infuriated speed off and immediately thereafter, he was accosted by 3 men who demanded to know what he gave to the motorcyclist and he explained to them. Disbelieving him, they slapped and molested him with the butt of their gun and ordered him into their pick-up van and drove him to Shomolu Police Station. At the Police Station he was tortured, however he denied making or signing any statement/document.

At the conclusion of the trial, the trial Court in a considered judgment found the Appellant and the 1st and 3rd accused persons guilty of the offence and sentenced the Appellant together with the two accused persons to 21 years each with hard labour.

Being dissatisfied, the Appellant filed a Notice of Appeal with five (5) grounds. The Appellant also filed his Appellant’s brief on 3rd day of November, 2015. In it, the Appellant articulated two (2) issues for determination. They are as follows:-

(1) Whether the prosecution discharged the burden of proof required by law to establish the offence of Conspiracy against the Appellant.