Ogundare Ojo Peter V. The State (2018)

LAWGLOBAL HUB Lead Judgment Report

IBRAHIM TANKO MUHAMMAD, J.S.C.

The appellant herein, was one of the defendants arraigned before the High Court of Justice, holden at Ado-Ekiti, Ekiti State (trial Court) on a 4 count charge of conspiracy to commit murder, murder (in two instances) and Armed Robbery alleged to have been committed on different dates, contrary to Sections 324, 316 respectively, of the Criminal Code Act, Cap C38 Vol. 14, Laws of the Federal Republic of Nigeria, 2004 and Section 1(2)(a) of the Robbery and Firearms (Special Provisions) Act, Cap R11 Vol. 14, Laws of the Federal Republic of Nigeria, 2004. Each of the defendants pleaded not guilty to any of the charges. Full trial was conducted and at the end, the learned trial judge discharged and acquitted the appellant in respect of the offences of armed robbery in counts 1 and 2. He found each of the two other accused/defendants charged along with the appellant, guilty as charged. He sentenced them to death by hanging. The learned trial judge also found the appellant and each of the other two defendants guilty as charged on counts 3 and 4. He sentenced each of them to death

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by hanging.

The appellant appealed to the Court below against his conviction and sentence. After reviewing the proceedings of the trial Court, the Court below affirmed the decision of the trial Court.

Dissatisfied further, the appellant filed his appeal to this Court on seven (7) Grounds of Appeal.

Having filed and exchanged briefs of argument in this Court, issues were set out in each party’s brief of argument.

Learned counsel for the appellant formulated the following issues for determination of the appeal:

i. “Whether the learned Justices of the Court of Appeal were right to have found that the appellant and his co-accused invaded the premises of the deceased with the sole intention to kill and not to rob

ii. If issue one is answered in the negative, whether in the light of the evidence led before the trial Court, the learned justices of the Court of Appeal rightly affirmed the appellant’s conviction for the offences of murder and conspiracy to murder Grounds 3, 4, 5, 6 and 7.”

Learned counsel for the respondent formulated two issues for determination. They are as follows:

a) “Whether the learned justices of the

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Court of Appeal were right to have found that the appellant and his co-accused invaded the premises of the deceased with the sole intention to kill and not to rob.