Olayinka Ayeni V. The People Of Lagos State (2016)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

BIOBELE ABRAHAM GEORGEWILL, J.C.A. (Delivering the Leading Judgment)

On 27/6/2012, the Appellant was arraigned by way of information dated 23/2/2012 before the Lagos State High Court sitting in the Ikeja Judicial Division on a one count charged with the offence of Attempted Armed Robbery contrary to Section 403(2)(a) of the Criminal Code Law cap C17 Volume 2, Laws of Lagos State 2003, a charge to which the Appellant pleaded not guilty. At the conclusion of trial, the Court below in its Judgment, found the Appellant guilty of the offence of attempted armed robbery and consequently sentenced him to life imprisonment. The Appellant was thoroughly dissatisfied with his conviction and sentence to life imprisonment.

This is thus an appeal against the judgment of the Lagos State High Court sitting in the Ikeja Division; Coram L.A Okunnu J. in Charge No. ID/54C/2012. The people of Lagos State v. Olayinka Ayeni delivered on 7/4/2014, in which the Appellant was convicted and sentenced to life imprisonment. On 25/3/2015, the Appellant was granted leave

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to appeal and consequently on 7/4/2015 filed his Notice of Appeal on two grounds of appeal against the said judgment. The Record of Appeal and the additional Records of Appeal were deemed duly transmitted to this Court on 18/6/2015. The Appellant?s brief was filed on 3/3/2016. The Respondent?s brief was filed on 10/5/2016 but deemed properly filed on 26/5/2016.

At the hearing of this appeal on 31/10/2016, F.A Dalley Esq., with Mrs. O.A. Olude for the Appellant adopted the Appellant?s brief as their argument in support of the appeal and urged the Court to allow the appeal, set aside the conviction and sentence and to discharge and acquit the Appellant. On their part, Said O. Sanusi Esq., with Akeem O. Abaniwonda Esq., for the Respondent adopted the Respondent?s brief as their argument in opposition to the appeal and urged the Court to dismiss the appeal and to affirm the conviction and sentence of the Appellant.

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The gist of the Respondent?s case, as prosecution before the Court below as can be gleamed from the evidence as in the records of appeal was that on 14/3/2011 at about 10:30 pm, the PW1, one miss Modupeola

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Iromini, on her way home having alighted from a bus at the Omolayo Bus-Stop on Meiran Road Lagos noticed that she was been trailed by a man and upon arriving at her gate after pressing the bell, she turned to face the street and the man who had been trailing her suddenly swoop on her in an attempt to snatch her bag and a struggle ensued between them, which lasted for between three to four minutes. She was shouting ?thief? ?thief? which made her assailant uncomfortable and he brought out a flat object that was later discovered to be local knife or machete with which he inflicted cuts on her hands and upon noticing the attention being received by the alarm raised by her, the assailant bolted away to escape.

However, the Appellant did not go far before he was caught by his neighbours who apprehended him and brought him back to the scene of the crime, where he said he was sorry for the attack on her. At the time the PW1?s father opened the door in response to the bell the Appellant had already been caught while PW1 was in pool of her blood at the scene but she identified the Appellant in the presence of her father and their

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neighbors and the police was eventually invited by her father, while she was taken to the hospital for treatment and the Appellant taken to the Police Station and after investigation was charged to the Court below for attempted armed robbery. See pages 49-60 of the Record of Appeal.

On the other hand, the gist of the Appellant?s case, as the Accused person before the Court below as can be gleamed from his evidence as in the record of appeal was that on 14/3/2011 at about 10:30pm, the PW1 alleges that as she was attacked at the gate of her house on return from work at about 10:30pm by a stranger who attempted to snatch her bag but met with her resistant and in the course of the struggle stabbed her hands with a knife and attempted running away but was caught by some neighbor who had been attracted to the scene by her shout for help.