Oladimeji Sanusi v. The State (2023)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

UZO IFEYINWA NDUKWE-ANYANWU, JCA (Delivering the leading judgment)

This is an appeal against the judgment of the High Court of Justice Kwara State delivered on 13th February, 2020 Coram: H.O. Ajayi.

The appellant was charged at the High Court of Kwara State with the offence of receiving stolen property procured from armed robbery contrary to section 5 of the Robbery and Firearm (Special Provision) Act Cap R11 LFN 2004.

The appellant with 8 others were charged on a four (4) count charge as follows:

Count one

That you Muritala Rhahman, Emeka Eyinna, Azeez Isiaka, Christian Emeka Obasi, Uche Sunday, Rafiu Abdullahi Togo, Damilare Oyeladin and Simeon Ogundeji on or about the 6/5/2015 at Alhaji Abdullahi Housing Estate, Abike Ade Street Upper Gaa-Akanbi Area, Ilorin, Kwara State within the jurisdiction of this honourable court conspired to rob one Mr. Adeoye Adewale Femi of the following items: Samsung Note 2014 Edition, one Honda Odyssey model 2005 with Reg. No. LAGOS 915KSF, one 32 inches plasma television, two Nokia Phones, One LG Phone, One Techno Phone and a sum of money and you thereby committed an offence contrary to section 6(b) of the Robbery and Firearm (Special Provision) Act. Cap. R.11 Laws of the Federation of Nigeria, 2004.

Count two

That you Muritala Rhahman, Emeka Eyinna, Azeez Isiaka, Christian Emeka Obasi, Uche Sunday, Rafiu Abdullahi Togo, Damilare Oyeladin and Simeon Ogundeji on or about the 6/5/2015 at Alhaji Abdullahi Housing Estate, Abike Ade Street Upper Gaa-Akanbi Area, Ilorin, Kwara State within the jurisdiction of this honourable court rob one Mr. Adeoye Adewale Femi of the following items: Honda Odyssey model 2005 with Reg. No. LAGOS 91SKSF, one 32 inches plasma television, two Nokia Phones, one LG Phone, one Techno Phone; Samsung Note 2014 Edition and some amount of money while armed with locally made pistol and thereby committed an offence contrary to section 1(2) of the Robbery and Firearm (Special Provision) Act. Cap. R.11 Laws of the Federation of Nigeria, 2004.

Count three

That you Muritala Rhahman, Emeka Eyinna, Azeez Isiaka, Christian Emeka Obasi, Uche Sunday, Rafiu Abdullahi Togo, Damilare Oyeladin and Simeon Ogundeji on or about the 6/5/2015 at Alhaji Abdullahi Housing Estate, Abike Ade Street Upper Gaa-Akanbi Area, Ilorin, Kwara State within the jurisdiction of this honourable court were found in illegal possession of firearms (locally made pistol) and you thereby committed an offence contrary to section 3(1) of the Robbery and Firearms (Special Provision) Act. Cap. R.11 Laws of the Federation of Nigeria, 2004.

Count four

That you Oladimeji Sanusi on or at about 6/5/2015 at Alhaji Abdullia Housing Estate, Abike Ade Street Upper Gaa-Akanbi Area within the jurisdiction of this honourable court received one Samsung note 2014 Edition which was robbed from one Mr. Adeoye Adewale Femi and you hereby committed an offence contrary to section 5 of the Robbery and Firearms (Special Provision) Act. Cap. R.11 Law of the Federation of Nigeria, 2004.

The other eight accused persons were charged with criminal conspiracy and armed robbery whilst the appellant was charged only with receiving of stolen goods.

All accused persons pleaded not guilty. After a full trial, the appellant was convicted of receiving stolen property procured from armed robbery. Appellant was convicted and sentenced to life imprisonment.