Olanrewaju Aina V. The People Of Lagos State (2016)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

UZO I. NDUKWE-ANYANWU, J.C.A. (Delivering the Leading Judgment)

This is an appeal against the judgment of the High Court of Lagos State delivered on the 28th day of September, 2012 by Hon. Justice O. A. Williams wherein the Appellant was arraigned, tried, convicted and Sentenced to 21 years imprisonment on a two count charge of Armed Robbery contrary to Section 402(2)(a) of the Criminal Code Law Cap. C17 Vol. 2 Laws of Lagos State, 2003. The charge against the Appellant in the Court below is as follows:

“Count 1:

OLANREWAJU AINA (M)

STATEMENT OF OFFENCE 1ST COUNT, Armed Robbery Contrary to Section 402 (2)(a) of the Criminal Code Law Cap C, 17 Vol. 2 Laws of Lagos State (2001)

PARTICULARS OF OFFENCE

OLANREWAJU AINA (M) with others at large on the 5th day of February 2006 at about 11.00pm No. 37A, Glover Road Ikoyi, Lagos in Lagos Judicial Division robbed Mr. Peter Schubert at gun point of his Jewellery, wrist watch, 2(two) laptops Hp Compact Black Cross Ball Pen, Mobile Phones, Digital Cannon Camera IXUS 75 Megaphone and other personal effects all valued at One Million Naira (N1M) only.

STATEMENT OF

1

OFFENCE 2ND COUNT

Armed Robbery Contrary to Section 402 (1)(a) of the Criminal Code Law Cap 17 Vol. 2 Laws of Lagos State 2004.

PARTICULARS OF OFFENCE

OLANREWAJU AINA (M) with others at large on the 5th day of February 2006 at about 11.00pm No, 37A, Glover Road Ikoyi, Lagos, in the Lagos Judicial Division did rob Mr. Shok Isani and Mariam Bla of their jewellery (bracelet, earrings, a bangle), cash of 859 US Dollars, one Laptop, 3 pieces of Mobile Phone, N400,000.00 (Four Hundred Thousand Naira) cash and other personal effects all valued about One Million Naira (N1M) only.”

The Appellant pleaded not guilty to the two count charge and the case went on for trial. To prove its case, the Prosecution called three witnesses and tendered one exhibit. The Appellant thereafter testified in his defence in a bid to extricate himself. At the end of addresses for the prosecution and the defence, the learned trial judge in its judgment found the Appellant guilty of the two counts of armed robbery and sentenced him to 21 years imprisonment on each count, to run concurrently.