Saheed Arowolo V. The State (2009)

LawGlobal-Hub Lead Judgment Report

ADZIRA GANA MSHELIA, J.C.A.

This is an appeal against the judgment of Nwaka J. of the Lagos High Court delivered on the 22nd day of December, 2006 convicting the appellant for conspiracy to commit robbery and sentence the appellant to 21 years imprisonment.

The brief facts of the case are that on or about the 18th May, 2002, the appellant who is a clearing agent was contracted by PW 1 to clear two trucks containing Sivoclear belonging to one Alhaja Falilat Bello at the Seme border and deliver them to designated ware houses in Lagos. After clearing the two trucks through customs at Seme border along with two other trucks belonging to another customer (kehinde) the appellant and his staff preceded to Lagos. On the way, one of the trucks belonging to Alhaja Falilat Bello had a flat tyre. Since it was getting late, the appellant decided to proceed with the three other trucks and requested his staff to repair the tyre and proceed to deliver the truck to its destination. After the truck was repaired, it proceeded on its journey, when it got to mile 2, it was stopped by armed policemen who demanded for its waybill, invoice and duty paper.

The appellant’s staff told them that the documents were with their boss. The policemen then told them to enter their police van and accompany them to the police station. The policemen later diverted the truck and its contents.

The matter was reported to the police and the policemen who stole the truck were eventually arrested.

On the 30th of April, 2004, the appellant and 7 others were arraigned before the High Court of Lagos State on information containing three Counts of conspiracy, robbery and receiving stolen goods.

The three counts read as follows:-

“STATEMENT OF OFFENCE – 1ST COUNT

Conspiracy to commit robbery contrary to section 403 (A) of the Criminal Code Law Cap 17, Vol. 2 Laws of Lagos State 2003.

PARTICULARS OF OFFENCE

SAHEED AROWOLO (M) ARIYO BANKOLE (M) RASAKI ADELEKE (M) ADEDAYO OBANIYAN (M) AUGUSTINE AMADI (M) ISAH MOHAMMED (M) ADESHOLA ADEKOYA (M) on or about the 18th day of May, 2002 along mile 2 under bridge area in the Lagos judicial Division conspired with yourselves to commit an offence to wit: robbery.

STATEMENT OF OFFENCE – 2ND COUNT

Robbery contrary to section 402(1) of the Criminal Code Law Cap C 17 Vol. 2 Laws of Lagos State.

PARTICULARS OF OFFENCE