Ossai V. People Of Lagos State (2022)

LAWGLOBAL HUB Lead Judgment Report

ABDU ABOKI, J.S.C. 

This appeal is an offshoot of the judgment of the Court of Appeal, sitting in Lagos, delivered on the 11th of April, 2014.

The Appellant was arraigned at the High Court of Lagos State, on a two count charge of conspiracy to commit armed robbery, and armed robbery, to wit:

STATEMENT OF OFFENCE – 1ST COUNT

Conspiracy to commit Armed Robbery contrary to Sections 403(A) of the Criminal Code Cap C. 17, Vol. 2, Laws of Lagos State 2003.

PARTICULARS OF OFFENCE

Idris Sanni (m), Stanley Ossai and others still at large on or about the 26th August, 2007, at Adedeji Street, Oke-Afa, Ibeshe, Ikorodu in the Ikeja Judicial Division, conspired to commit a felony to wit: Armed Robbery.

STATEMENT OF OFFENCE – 2ND COUNT

Armed Robbery contrary to Section 402(2)(a) of the Criminal Code Cap C. 17, Vol. 2, Laws of Lagos State 2003.

PARTICULARS OF OFFENCE

Idris Sanni (m), Stanley Ossai and others still at large on or about the 26th August, 2007, at Adedeji Street, Oke-Afa, Ibeshe, Ikorodu in the Ikeja Judicial Division, while armed with offensive weapons to wit: a single barrel gun and saw blade, robbed one Mrs. Omowunmi Adedeji of her handset and the sum of N200,000.00 (Two Hundred Thousand Naira).

The facts leading to this appeal is that the Appellant, who was the 2nd Defendant at the trial Court, was tried together with one Idris Sanni, for conspiring and robbing one Mrs. Omowunmi Adedeji (PW2’s wife), of her handset and the sum of N200,000.00 (Two Hundred Thousand Naira) in her residence at Adedeji Street, Oke-Afa, Ibeshe, Ikorodu, at about 8p.m., on the 26th August, 2007, while masked. A toy rubber pistol, face mask and a saw blade were said to have been recovered from the Appellant and handed over to the Police as the items used in the course of the robbery operation. It was part of the Respondent’s case that the PW2 raised an alarm, which attracted neighbours, and the members of the Odua Peoples’ Congress, (OPC) who cordoned off the area. In the course of combing the area, they discovered the Appellant, who led them to the 1st defendant. Both of them were taken to the Police Station. According to the Respondent, in the course of the Police investigation, the Appellant confessed to committing the alleged offences. The trial Court accepted the Respondent’s case and they were both convicted and sentenced to 21 years imprisonment for the offence of conspiracy, and death by hanging, for the offence of armed robbery.

The Appellant was dissatisfied with the judgment of the trial Court and appealed to the Court below, which allowed the appeal in part, and convicted the Appellant for a lesser offence: that is, conspiracy to commit robbery, and robbery without arms or offensive weapons, under Section 403 A and 402(1) respectively, of the Criminal Code, read with Section 19(3) of the Court of Appeal Act, 2004 as well as case of Nwachukwu v. State (1986) 2 NWLR (Pt. 25) 765 and he was sentenced to 21 years imprisonment. The sentence was backdated to 26th of August, 2007.

It is against this judgment that the Appellant appealed to this Court via a Notice of Appeal, filed on the 26th of April, 2017, containing two grounds of appeal.