Olusola Adeyemi V. The State (2010)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

JIMI OLUKAYODE BADA, J.C.A. (Delivering the Leading Judgment)

This is an appeal against the Judgment of High Court of Justice, Kotonkarfe, Kogi State in Charge No. HCC/200/2008 – Olusola Adeyemi V. The State delivered on the 20th day of April, 2009.

The Appellant was arraigned before the lower Court on a two count charge as follows:-

“Count One

That you Olusola Adeyemi and others still at large on or about the 10th day of June, 2007 in Lokongoma extension, Lokoja Local Government Area of Kogi State within the Kogi State Judicial Division agreed to do an illegal act to wit: to commit the offence of Armed Robbery against Engineer Raphael Olajide Sabo and the same act was done in pursuance of the agreement and you thereby committed an offence punishable under Section 97(1) of the Penal Code.

Count Two

That you Olusola Adeyemi on or about the 16th day of June, 2007 at Lokongoma extension, Lokoja in Lokoja Local Government Area of Kogi State within the Kogi State Judicial Division while armed with guns and other dangerous weapons robbed one Engineer Raphael Olajide Sabo one Honda Halla Model Car valued Five Hundred and Fifty Thousand Naira (=N=550,000.00), cash sum of Five Thousand Naira =N=5,000.00, one First Bank Savings Account Passbook, a pair of glasses valued Five Thousand Naira (=N=5,000.00), some cassettes valued Three Thousand (=N=3,000.00) and jewelry, wrist watch and handset belonging to his wife and you thereby committed an offence punishable under Section 298(c) of the Penal Code.”

At the trial the prosecution called four out of the five witnesses listed in the proof of Evidence while the Accused/Appellant testified in his own defence.

The learned trial Judge at the conclusion of hearing convicted the Appellant and sentenced him to 3 years imprisonment for the offence of conspiracy while he was sentenced to 5 years imprisonment for the offence of Armed Robbery. The two sentences were to run concurrently.

The Appellant dissatisfied with the said Judgment of the lower court appealed to this Court.

The learned counsel for the Appellant formulated three issues for determination as follows:-

“(1) Whether there was a breach of the Appellant’s right of fair hearing and miscarriage of Justice when the learned trial Judge relied on the evidence of the prosecution’s first and second witnesses daughter who did not testify and or give evidence before the trial Court to convict and sentence the Appellant to three and five year’s prison terms on crimes bothering on conspiracy and Armed Robbery.

(2) Whether the learned trial Judge did not err and occasioned a miscarriage of Justice when the Honourable Court foreclosed that an identification parade was not necessary considering that the Appellant was not arrested at the scene of crime.

(3) Whether the learned trial Judge did not err when he convicted the Appellant on the offence of conspiracy and Armed Robbery considering the state of the evidence adduced.”