Samodu Daropale V. The State (2013)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

OBIETONBARA DANIEL-KALIO, J.C.A: (Delivering the Leading Judgment)

This appeal is over a criminal matter – conspiracy to commit armed robbery and armed robbery, to be precise. Before the High Court of Ogun State in charge No. HCJ/2c/2001, the appellant faced 4 out of a 6 count charge. Charged along with him were two other accused persons. Following the escape from custody of the 1st accused, the only one that faced all 6 counts in the charge, trial of the appellant and the remaining co-accused continued.

The charges against the appellant indicate that the appellant along with two others on or about the 15th day of February 2000 at Ayegbami Ago-Iwoye in Ijebu-Igbo Judicial Division of the Ogun State High Court conspired together to commit armed robbery and also robbed some named persons while armed with a gun, of various items including clothes, confection dry, rechargeable lantern, wrist watch, perfume, toothpaste etc and some cash.

After taking appellant’s plea, hearing the prosecution witnesses and the appellant as well as counsel on both sides, the learned trial Judge found the appellant guilty on the counts of conspiracy to commit armed robbery, and armed robbery. He sentenced him to death. The sentence was handed down on the 10th of April, 2003. Dissatisfied with the verdict, the appellant promptly filed a Notice of Appeal dated 15th April, 2003 i.e. five days after the verdict.

He subsequently filed an Amended Notice of Appeal on 9/8/11. The same was deemed filed on 20/3/12. The Grounds of Appeal and Particulars of error in the Amended Notice of Appeal read as follows:-

1. That the decision of the High Court is unreasonable and cannot be supported, having regard to the weight of evidence.
2. The learned trial Judge erred in law in holding that the prosecution proved its case beyond reasonable doubt against the appellant when the so called professional (sic) statement of the appellant relied upon by the learned trial Judge did not irresistibly point to the appellant as one of the perpetrators of the crime charged.

Particulars of Error

(a) The appellant neither confessed to the crime charged nor admitted same in his defence;

(b) There is nothing outside the so-called confessional statement linking the appellant with the crime charged;

(c) No corroborative evidence in the co-accused professional (sic) statement (Exhibit B) which the appellant failed to adopt at their trial;

(d) PW4, the investigating police officer failed to investigate the so-called professional (sic) statement of the appellant;

3. The learned trial Judge erred in law when he convicted the appellant of the crime charged when all the ingredients of the crime charged were not proved beyond reasonable doubt by the prosecution as required by the law and thereby came to a wrong decision which has occasioned a grave miscarriage of justice to the appellant.

Particulars of Error

(a) None of the prosecution witnesses adduced evidence linking the appellant with the crime charged;

(b) All items recovered from the appellant and tendered as Exhibit F by PW4 were not linked in any way with the crime charged;

(c) The appellant was at Ijebu-Ode at the time of the alleged robbery incident;