Patrick Adegbola V. The State (2017)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

CHINWE EUGENIA IYIZOBA, J.C.A. (Delivering the Leading Judgment)

This appeal is against the judgment of Ogun State High Court Abeokuta in Suit No. HCL/1C/2013 delivered on the 24th day of June, 2014, wherein the Appellant (2nd Accused) and his co-accused Solomon Aderinde (1st accused) were convicted on a five count charge of conspiracy to commit armed robbery and armed robbery contrary to Section 6(b) and Section 1(2)(a) of the Robbery and Firearms (Special Provision) Act (Cap R II) Laws of Federation of Nigeria 2004; and Unlawful Possession of Firearms and Ammunition contrary to Section 27 (a) i and (b) ii Firearms Act Cap F.28 Laws of the Federation 2004.

THE FACTS:

On 17/9/08, at about 9pm, Olusola Adebayo PW1 resident at Pempe, Owode Egbado was returning home from work when he observed a motorcycle behind his vehicle seemingly following him. On getting close to his house, he got out of his vehicle and confronted the two riders on the motorcycle. One of them absconded. The remaining one who happened to be the appellant was apprehended with the help of the vigilante group of the neighborhood. He was arrested and taken

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to the Police station along with the motorcycle and a bag containing two locally made pistols, hammer, axe, rounds of cartridges and charms.

It so happened that there had been a series of armed robbery incidents in Owode-Yewa town. One of the armed robbery incidents took place on the 14th of March 2007, at about 0800hrs at four corner Pempe Lagos road, Owode-Yewa where one Prophet Olayemi Idowu was robbed of the sum of N370,000.00 at gun point. Also, on 26th August 2008, at about 22.20 hrs at Pempe area Owode-Yewa, one Alhaji Jimoh Bello (AKA Uncle JB) and his wife Rukayat Bello were robbed of the sum of N600,000.00, N3,000:00 pump action gun and jewelries respectively at gun point.

The Appellant after his arrest made a confessional statement stating that he was a member of a gang of robbers that committed the robbery of 26/8/08. He gave the names of members of his gang which included Solomon Oderinde (the 1st accused person) who thereafter was arrested and who also volunteered a confessional statement. The pump action gun stolen from Alhaji Jimoh Bello was amongst the items found on the 1st accused when he was arrested.

The prosecution at

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the trial called 9 witnesses and tendered several exhibits including the confessional statement of the Appellant admitted in evidence after a trial within a trial to determine its voluntariness. The appellant testified for himself and called no other witness. Both counsel filed written addresses which were duly adopted. At the conclusion of hearing, the learned trial judge found the Appellant and his co-accused guilty on all the counts and sentenced them to death by hanging.

Dissatisfied with the conviction and sentence, the Appellant appealed to this Court by Notice of Appeal dated 02/07/14 and filed on 05/08/14 subsequently amended by an order of this Court. From the four grounds of appeal in the Amended Notice of Appeal filed on 09/05/16, learned counsel for the Appellant, Kunle Sobaloju Esq. distilled a sole issue for determination as follows:

Whether the prosecution proved the case against the Accused beyond reasonable doubt.

Learned counsel for the Respondent, Akinlolu Osinbajo Esq. in his brief also formulated a sole issue for determination thus: