Olayinka Afolalu V. The State (2007)

LawGlobal-Hub Lead Judgment Report

JUMMAI HANNATU SANKEY, J.C.A. 

Olayinka Afolalu, the Appellant herein, was arraigned on a two count charge of armed robbery before the High Court, Ado Ekiti, Ekiti State. The charge against him, as contained at page 2 of the record, of proceedings of the Court below, reads as follows:

”That you Olayinka Afollalu (M) on or about the 27th day of April, 2002 at Igede road, Ilawe-Ekiti, Ekiti State of Nigeria robbed one Idowu Fanikun (F) of the sum of Two Hundred and Twenty Five Naira (N225.00) and at the time of the robbery, they were armed with offensive weapons to wit: guns and thereby committed an offence contrary to section 1 (2) (a) of the Robbery and Firearms (Special Provisions) Act Cap. 390 Vol. XXII Laws of the Federation of Nigeria, 1990 as amended by Tribunals (Certain Consequential Amendment) Decree No. 62 of 1999.

COUNT II

That you Olayinka Afolalu (M) on or about the 22nd day of April, 2002 at Igede road, Ilawe-Ekiti in Ekiti State of Nigeria robbed one Mary Ogunsakin (f) of the sum of One Thousand Seven Hundred and Fifty Naira (N 1750.00) and at the time of the robbery you were armed with offensive weapons to wit: guns and thereby committed an offence contrary to section 1(2) (a) of the Robbery and Firearms (Special Provisions) Act Cap. 398 Vol. XXII Laws of the Federation of Nigeria, 1990 as amended by Tribunals (Certain Consequential Amendments, etc) Decree No. 62 of 1999. At the trial, four witnesses testified for the prosecution. The Appellant in turn testified in his defence and called three other witnesses. Both learned Counsel for the prosecution and the defence addressed the Court on the facts and the law arising in the case. Thereafter, the learned trial Judge entered Judgment wherein he discharged and acquitted the Appellant on Count one of the charge while he convicted him on Count two of the charge. Following the conviction, the Appellant was sentenced to death by hanging. Being dissatisfied, the Appellant has appealed his conviction and sentence. In this regard, the Appellant filed his Grounds of Appeal along with his Notice of Appeal on the 31st August, 2005. In addition, by an application dated 29th January, 2007, he filed an Additional Ground of Appeal with the leave of Court. The original Grounds and the Additional Ground, shorn of their particulars, state as follows:

“GROUND 1

The verdict or the Judgment of the trial Court is unreasonable and cannot be supported having regard to the evidence before the Court.

GROUND 2

The learned trial Judge erred in law when he held that there were contradictions and inconstancies (sic) between the statements of the accused person to the Police and the evidence on oath in support of alibi.

GROUND 3

The learned trial Judge erred in law when he held that “I am of the view that prosecution have established their case against the accused person beyond reasonable doubt. I find no material contradiction in the evidence of PW1 and PW2to warrant the Court to hold that same is sufficient to be equated to substantial or sustainable disparagement to weaken the case of the prosecution.”

GROUND 4

The learned trial Judge erred in law when he held that “In the instance (sic) case considering the evidence of PW1, PW2 and PW4, I am of the view that their evidence pins the accused person to the armed robbery incident of 27/4/2005.”

GROUND5