Peter Adewunmi V The State (2016)

LAWGLOBAL HUB Lead Judgment Report

OLABODE RHODES-VIVOUR, J.S.C.

The Appellant was arraigned before an Akure High Court on a one count charge which read:

STATEMENT OF OFFENCE

ARMED ROBBERY contrary to and Punishable under Section 1(2) (b) of the Robbery and Firearms (Special. Provisions) Act Cop 398. Vol. xxii Laws of the Federation of Nigeria, 1990.

PARTICULARS OF OFFENCE

PETER ADEWUNMI (M) and others at large on or about the 28th December, 2001 at about 4.30 p,m, at Value Tech. Company, ijare in Akure Judicial Division robbed Jide Amodu of the sum of N1,000.00, Osuntunji Fredrick the sum of N,1,650.00 and Value Tech Company the sums of N40,000.00 while armed with offensive weapons to wit:guns and cutlasses.

Trial commenced on the 21st of February, 2005 before Akeredolu J, sitting in on Akure High Court,Ondo State. The Respondent called five witnesses and tendered four exhibits to wit: Exhibits AI , A2, A3 and A4. The Appellant gave evidence in his defence. He did not call any witness.

After closing speeches on 30 March, 2006, the learned trial judge delivered a well considered judgment on 4 May,

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2006, wherein the Appellant was sentenced to death. The trial Judge reasoned thus:

“The unchallenged evidence before the Court is that accused in company of others was armed with gun and cutlasses when they robbed Value Tech. Co. ljare on the 25 December, 2001. I believe the un-contradicted evidence of PW1 which is corroborated by the evidence of PW2 that the accused committed armed robbery of Value Tech. co. ljare. I am highly impressed by the demeanour of the 1st PW. Despite the fact that she lost her husband in the unfortunate incident, she was calm and did not betray any emotion. She impressed me as a truthful witness. I am satisfied that the prosecution has proved the guilt of the accused beyond reasonable doubt in compliance with Section 138 of the Evidence Act Cap 112, 1990 Laws of the Federation of Nigeria . I find the accused guilty as charged and I hereby convict him. He is sentenced to death by hanging by the neck till he be dead or by firing squard as the Governor may direct.”

Dissatisfied with the Judgment, the Appellant quickly filed on appeal. It was heard by the Akure Division of the Court of Appeal. On 30th October, 2012 that Court affirmed

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the judgment of the High Court and dismissed the appeal for lacking in merit.