Oba Olowookere & Anor V. The State (2011)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

TIJJANI ABDULLAHI, JCA, (Delivering the Leading Judgment)

The appeal under consideration is against the judgment of M.A. Folayan (J) of the High court of Justice, Ilorin Division, Kwara State, delivered on the 22nd day of April, 2010 convicting the Appellant, Oba Olowookere for giving information to armed robbers contrary to Section 6(a) of the Robbery and Firearms special Provision Act, Cap. R II laws of the Federation of Nigeria, 2004.

By an application dated 9th day of January, 2008 brought pursuant to Section 185(9b) of the Criminal Procedure (Application) for leave to prefer a charge in the High Court Rules, 1970, leave was sought to prefer a charge against Gbenga Oriyomi Adeoye (1st Accused person), Abdulrauf Agboola (the deceased 2nd Accused) and the 1st Appellant herein, Oba Olowookere (3rd Accused person) on a three counts charge of:

(a) Conspiracy to commit armed robbery;

(b) Armed Robbery; and

(c) Giving information to armed robbers under Sections 6(a), 1(2)(a) and 6(b) of the Armed Robbery & Firearms (special Provisions) Act respectively.

The Appellant as can be gleaned from the records was charged for the offences of conspiracy to commit robbery and giving information to armed robbers under the relevant section of the Act as stated above.

The case proceeded to hearing in the course of which the 2nd accused whilst on bail was killed by police in a shoot out during another armed robbery operation. The case therefore continued against the 1st accused and the Appellant at the end of which the learned trial judge found the Appellant guilty as charged wherein she held thus:

“On this charge against the 2nd accused (Olowookere) under Section 6(a) of the Robbery and Firearms Special Provision ) Act, considering all the facts in evidence before this Court and my view on the confessional statement of 2nd accused tendered and admitted as exhibit s in this case

I found him guilty under Section 6(a) of the Robbery and Firearms (Special provision) Act Cap R II 2004 and he is accordingly convicted as charged.

The 1st accused for all my considered view in this judgment I hereby found him guilty of the 1st count charge under Section 6(b) of the Robbery and Firearms (Special Provision) Act Cap R II 2004 and he is hereby convicted as charged.

On the 2nd charge also under Section 1(2)(a) of Robbery and Firearms (Special provision) Act Cup R II Laws of the Federation of Nigeria. For all the reasons and considered facts in this judgment, I find 1st accused guilty and he is accordingly convicted as charged.”

It is instructive to note at this stage that though the trial judge convicted the Appellant on the charge of giving information under Section 6(a) of the Robbery and Firearms (Special Provisions) Act, Cap II nothing was said in respect of count one, along with the charge of conspiracy. It is also noteworthy to observe that the learned trial judge was silent on pronouncement as to the prescribed sentence if any imposed on the Appellant (see pages 103 – 135 of the Records).

Aggrieved with the decision of the learned trial judge outlined supra, the Appellant filed a notice of Appeal on 11th June, 2010 which carries three grounds of appeal. The said grounds shorn of their particulars read thus: