Oye Arowojolu V. The State (2016)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

JAMES SHEHU ABIRIYI, J.C.A. (Delivering the Leading Judgment)

This appeal is against the judgment delivered on 25th January, 2012 in the High Court of Ondo State in the Ore Judicial Division holden at Ondo.

The Appellant was convicted on a two counts charge of conspiracy to commit armed robbery and armed robbery contrary to Sections 6(b) and 1 (2)(a) of the Robbery And Firearms (Special Provisions) Act Cap R 11 Laws of the Federal Republic of Nigeria 2004.

The facts of the case on the available evidence before the Lower Court are brief and simple. According to the two prosecution witnesses Inspector James Jaiyeoba (Pw1) and Inspector Adejoh Ojogbane (Pw2) a case of robbery was transferred from Ofosu Division to the Special Anti Robbery Squad, Akure. They were directed to investigate. They took cautionary statements of the accused persons who all confessed to the offence. They took the accused persons to the scene of crime. All the Exhibits forwarded along with the accused persons were registered with the Exhibit keeper.

?According to Pw2, they arrested the Appellant along Ijoka Road Akure. It was during investigation that

they arrested the Appellant.

They got in touch with the Appellant’s wife and she led them to arrest the Appellant at Ijoka Road Akure. They arrested the wife to enable them get the husband (Appellant) as investigations revealed that the Appellant was one of the robbers.

The statement of the Appellant was obtained voluntarily on the day he was arrested at about 9.00pm in the statement room. They did not allow the Appellant to see other accused persons.

The statement which the Appellant said he was forced to sign after being tortured for three days and due to threats, to kill him was admitted in evidence after a trial within trial and marked Exhibit P5.

On his own part Appellant denied committing the offence.

Earlier in his statement to the police he denied committing the offence. In another statement purportedly made to the police as well he claimed to have participated in three different robberies.

?In Court he said he was riding a motorcycle when he was arrested in the morning on 5th July 2007. He was arrested with others. They were asked for persons they dropped earlier that day. He said he had not taken anybody. That he was

just coming from home. He was arrested around 7:00 a.m. The police did not mention the name of the person they were looking for. Two of the people arrested with him were released on bail but he was not released on bail because he had no one to take him on bail. He was told he would be released on bail in the Court.

The police did not confront him with allegation of armed robbery of 25th June 2011. It was when he was being beaten in S. A. R. S that an allegation was made against him that he took some people to the place where they committed armed robbery. He first met the co-accused persons in SARS but he was not told then that they committed the same offence.