Niran Azeez Lawal V. The State (2016)

LAWGLOBAL HUB Lead Judgment Report

JOHN INYANG OKORO, J.S.C.

This is an appeal against the judgment of the Court of Appeal sitting at Ibadan delivered on 24th November, 2010 wherein the Court below upheld the conviction and sentence of the appellant by the Ogun State High Court sitting at Ijebu-Ode. The trial High Court in its judgment of 12th October, 2005, convicted and sentenced the appellant herein to five years imprisonment for the offence of conspiracy to commit robbery and to life imprisonment for the offence of attempted armed robbery contrary to Section 5 (b) and 2 (2) (b) of the Robbery and Firearms (Special Provisions) Act Cap. 398 Laws of the Federation of Nigeria 1990 (as amended) respectively.

At the Court of Appeal, the appellants conviction and sentence were however altered to a lesser offence of attempted robbery (as against attempted armed robbery) and the sentence was substituted with a sentence of fourteen (14) years imprisonment to run from the time of the appellants arrest on 7th March, 2003.

A synopsis of the facts

1

leading to this appeal will suffice. The evidence of the respondent as deduced from the record shows that the PW1, one Segun Kehinde, was at all material times a commercial motor-cyclist at Ikenne in Ogun State. He plied his motor-cycle on the 7th March, 2003 looking for passengers. The appellant and his friend, one Ahmed Olatidoye paid him the sum of N100.00 to transport them from Ikenne to Aiyepe.

They commenced the journey. At a stage, the appellant complained that his pair of shoes had fallen. The PW1 turned back to the spot for him to pick up the shoes. However, as soon as the PW1 stopped the motor-cycle, the appellant’s friend punched him in the face. Both of them started to beat the PW1. He fell off his motor-cycle. The appellant and his friend struggled to snatch the motor-cycle from the PW1. In the course of the struggle, the PW1 switched off the engine of his motor-cycle.

Discovering the PW1’s said success, the appellant pulled out a pistol hidden inside his shirt. He aimed it and on the PW1 to fire but it failed to fire. His friend urged him to hit the pistol butt on the PW1s head. He complied. The effect pushed the PW1 near to

2

unconsciousness. They dragged him to a bush by the road side. The appellant continued to pound the pistol butt on his head. The pistol butt gave way and broke into two pieces before he stopped.

It was the prosecution’s further evidence that PW1’s attempt to raise alarm was frustrated by the gagged condition he was subjected to by the appellant and his friend. An elderly man eventually came by the scene. Some other persons also emerged near the scene because of the little shout he was able to make. The appellant’s friend saw them. He stopped struggling to start the engine of the motor-cycle. He abandoned it and fled with the appellant. They carried the broken pistol along with them.

The PW1 struggled out of the bush. Some motorists assisted him to the hospital. His small bag containing the sum of N800.00 disappeared. He discovered that appellant and his friend fled with it. His description of their physical features to the sympathizers led to their arrest on the same day. He later left the hospital to the police station. There he identified the appellant and his friend as his attackers. The police recorded his statement.

The PW2, a police

3