Olusina Ajayi & Anor V. The State (2011)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

STANLEY SHENKO ALAGOA, J.C.A. (Delivering the Leading Judgment)

In the High Court of Justice Ibadan, Oyo State of Nigeria, the 1st and 2nd Appellants along with two other accused persons were tried, convicted and sentenced to death on a charge of Conspiracy to commit Armed Robbery. The accused persons were charged with the following offences:-

COUNT I: STATEMENT OF OFFENCE:

Conspiracy to commit felony to wit; armed robbery contrary to section 5(b) and punishable under section 1 (2) (a) of the Robbery and Firearms (Special Provisions) Act, Cap 398 Vol. XXII Laws of the Federation of Nigeria, 1990.

PARTICULARS OF OFFENCE

(1) A. Kareem Olatinwo ‘m’ (2) Olusina Ajayi ‘m’ (3) Olusola Oyeleye ‘m’ (4) Ganiyu Busari ‘m’ on or about the 19th day of May, 1999 at Oke-Omi Olodo area, Ibadan in the Ibadan Judicial Division conspired together to rob the Residents of Oke-Omi Olodo, area, Ibadan.

COUNT II: STATEMENT OF OFFENCE

Armed Robbery contrary to and punishable under section 1 (2) (a) of the Robbery and Firearms (Special Provisions) Act, Cap. 398 Vol. XXII Laws of the Federation of Nigeria 1990.

PARTICULARS OF OFFENCE

(1) A. Kareem Olatinwo ‘m’ (2) Olusina Ajayi (3) Olusota Oyeleye ‘m’ (4) Ganiyu Busari ‘m’ on or about the 19th day of May, 1999 at Oke-Omi Olodo area, Ibadan in the Ibadan Judicial Division whilst armed with Firearms and offensive weapons to wit; guns, cutlasses and other offensive weapons robbed Olusegun Adetona of Clothes valued at N7, 000.00 and N1, 800 cash.

COUNT III: – STATEMENT OF OFFENCE

Armed Robbery contrary to and punishable under section 1 (2) (a) of the Robbery and Firearms (Special Provisions) Act, Cap. 398 Vol. XXII Laws of the Federation of Nigeria 1990.

PARTICULARS OF OFFENCE

(1) A. Kareem Olatinwo ‘m’ (2) Olusina Ajayi ‘m’ (3) Olusola Oyeleye ‘m'(4) Ganiyu Busari ‘m’ on or about the 19th day of May, 1999 at Oke-Omi Olodo area, Ibadan in the Ibadan Judicial Division while armed with Firearms and offensive weapons to wit; guns, cutlasses and other offensive weapons robbed Suwara Yusuf of the sum of N440.00 (Four Hundred and Forty Naira) and clothes.