Okiki Faleye V. The State (2012)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

CHIDI NWAOMA UWA, J.C.A., (Delivering the Leading Judgment)

The appeal is against the judgment of M.A. Dipeolu, J of the Ogun State High Court delivered on 31st October, 2008.

In the trial court, the Appellant with two others were arraigned on a three count charge of conspiracy to commit Armed Robbery contrary to Section 6(b) and Section 1(2)(a) respectively of the Robbery and Firearms (Special Provisions) Act Cap. R11 Laws of the Federation of Nigeria, 2004.

The three count charge is as follows:

“COUNT I

STATEMENT OF OFFENCE

CONSPIRACY to commit armed robbery contrary to Section 6(b) of the Robbery and Firearms (Special Provisions) Act (CAP.R II), Laws of the Federation of Nigeria, 2004.

PARTICULARS OF OFFENCE

OKIKI FALEYE (m), IDOWU OLOJEDE (m), BABATUNDE ADELANI (m) and others now at large on or about the 15th day of April, 2003 at Agbonselu quarters Ayetoro in the Ilaro Judicial Division conspired to commit a felony to wit: Armed Robbery.

COUNT II

STATEMENT OF OFFENCE

ARMED ROBBERY contrary to Section 1(2)(a) of the Robbery and Firearms (special Provisions) Act (CAP. R II), Laws of the Federation of Nigeria, 2004.

PARTICULARS OF OFFENCE

OKIKI FALEYE (m), IDOWU OLOJEDE (m), BABATUNDE ADELANI (m) and others now at large on or about the 15th day of April, 2003 at Agbonselu quarters Ayetoro in the Ilaro Judicial Division while armed with offensive weapons to wit: guns cutlasses and axe robbed one Bamidele Ogunbiyi (m) of one Video Cassette recorder, Rechargeable Lantern, Video Cassettes, one Nokia mobile phone, one travel bag, wrist watches, some clothes, a sum of N32,000 (thirty two thousand Naira) and CFA 50,000 cash.