Olashehu Salau V. The State (2010)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

SOTONYE DENTON-WEST, J.C.A. (Delivering the Leading Judgment)

This is an appeal against the judgment of the Hon. Justice I. B. Garuba, delivered on 14/10/2008, sentencing the Accused/Applicant to six months imprisonment for conspiracy to commit an offence, contrary to Section 97 of the Penal Code and Death by hanging for offence of Armed Robbery, contrary to Section 1(2) of the Armed Robbery and Firearms (Special Provisions) Act CAP R11, Laws of the Federation of Nigeria, 2004.

First Charge:-

That you, OLASHEHU SALAWU and five others at large on or about 08/05/2007, at 2 Adeta Round-About in Ilorin, Kwara State within the Jurisdiction of this Honourable Court’ conspired to commit a criminal offence, to wit Rob one Mr. Suleman Alafara while armed with dangerous weapon at Adeta Roundabout, Ilorin, and you thereby committed an offence contrary to Section 97 of the Penal Code.

Second Charge

That you, OLASHEHU SALAWU and five others at large on or about 08/05/2007 at Adeta Round-about in Ilorin Kwara State within the jurisdiction of this Honourable Court while armed with dangerous weapon did Rob one Mr. SULEMAN ALAFARA of his car Honda Bullet with dealer number KWD K12, AC NURU MOTORS, and you thereby committed an offence contrary to Section – 1(2) (a) of Robbery and Fire Arms (Special Provision) ACT CAP R11 LAWS OF THE FEDERATION OF NIGERIA 2004.

As earlier on stated, the appellant was convicted for the two charges. It will be apt at this stage to survey the proceedings that culminated in the said conviction and sentence.

The two charges were read to the appellant and interpreted to him in Yoruba, and he pleaded not guilty to the two count witnesses and tendered five exhibits which were admitted as exhibits 1, 2, 3, 3a, and 4. PW1 was the Exhibit keeper. His only involvement was that he kept the Exhibits – i.e. the release bond and a Nokia set, and he also tendered same. But under cross examination, he could not remember anything about the car.

PW2 was the complainant. According to him, he was attacked and robbed by the assailants, and he was sandwiched among five of them, in his car, but he miraculously escaped and he thereafter saw a Nokia phone which he believes belongs to the assailants.

He said the robbers were armed with clubs, axe, and that he was hit with the axe on his waist by one of the assailants more than four times. That when the appellant was arrested from Lagos and brought to Ilorin, the appellant identified him as the person from whom the vehicle was snatched. The car in question could not be described by the witness.

Under cross-examination, he claimed that there was no street light where he was robbed, and that he had never seen appellant before except when the appellant identified him at state C.I.D. He admitted that though he was struck with an axe on his hand more than four times, he received treatment from a medical dispenser.

PW3 Sanni Taiwo an investigator revealed that he induced a call through the phone that was brought to him by PW.2, and one Muritala, whom he claimed was the brother of the appellant assisted in the arrest of the appellant.

PW4 a police investigating officer’ told the Lower Court that she was part of the team that went to Lagos on 17/05/2007 to effect the arrest of the appellant through the Nokia handset that was said to have been recovered from the scene. The statement of the appellant was tendered and admitted as Exhibit 4 through this witness. That five people were arrested, but through the assistance of Muritala, the appellant was brought to Ilorin. She admitted that the name of the appellant or Muritala was not the phone. Upon the close of the prosecution case, the appellant entered his defence. He (the appellant) said he has no brother at all, and he was the only child of his family. That he was arrested in connection with one Shittu Abdullahi, and that was contained in the First Information Report as filed at the Magistrate Court, that he was later taken to the IGP, but he was ordered to be released since he was not culpable, and he made above five different statements and thumb printed all. That when he was brought back from Abuja, five people that dressed like Alhaji, and he was asked to identify from whom he robbed. That the PW2 never identified him as one of the robbers that robbed him. He further stated that his phone never got missing as same was with him when he was arrested in Lagos. The two parties filed their address, and later the appellant was convicted. As shown earlier, the appellant was dissatisfied with the judgment of the Lower Court. He filed four grounds of Appeal and formulated two issues for determination. On its part, the state adopted the two issues as formulated by the appellant.

The issues are: