Sampson Idowu V. The State (2014)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

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

This is an appeal in respect of a criminal matter. The Appellant Sampson Idowu along with two others was arraigned before the Ogun State High Court. The Appellant and the two others were charged with conspiracy and armed robbery.

The Appellant and those charged along with him were specifically charged with robbing one Simiat Sowunmi of Jewellery and the sum of N6,000 while armed with a gun on or about the 4th of November, 1999 at Kemta Housing Estate Idi-Aba, Abeokuta. At the said Housing Estate, the Appellant and the others charged along with him were also alleged to have robbed, while armed with a gun one John Adole of the sum of N2,000.

After those robberies, the Appellant and the others charged with him allegedly turned their attention to No. 1 Odunbaku Avenue, Ijeun-Titun, Abeokuta where they robbed one Jemilat Odunbaku of jewellery and the sum of N8,000 at gun point. At the same place on the same 4th November, 1999 the Appellant and those charged along with him allegedly robbed one Somoye Babatunde of a Toshiba Video Player and a bag.

A total of ten witnesses testified for the prosecution while the Appellant only testified for himself. After hearing the witnesses and considering the submissions of learned counsel for both the prosecution and the Appellant, the learned trial judge came to the conclusion that the prosecution had proved its case of conspiracy to commit armed robbery under Section 1(2)(a) of the Robbery and Firearms (Special Provisions) Act, Cap 398 Laws of the Federation of Nigeria, 1990 as amended by the Tribunals (Certain Consequential Amendments) etc Act, 1999, and armed robbery under Section 1(2)(a) of the Robbery and Firearms (Special Provisions) Act Cap. 398 Laws of the Federation of Nigeria, 1990 as amended by the Tribunals (Certain Consequential Amendments) etc Act, 1999. Consequently, the Appellant was sentenced to death by firing squad.

Aggrieved by the verdict, which verdict was delivered on the 1st of August 2003, the Appellant on 11/11/2010 filed a Motion on Notice seeking an extension of time within which to appeal. From the Record of Appeal it would be seen that a Notice of Appeal dated 3rd of August, 2003 is included therein; there was however nothing to show that the said Notice of Appeal was filed. It was the lack of filing that made the Appellant to approach the court with a Motion for Extension of Time to Appeal. This court allowed the extension of time sought to appeal and the Notice of Appeal duly filed on 4/10/10 was deemed as properly pled and served on 15/11/2010.

In the Notice of Appeal, the Appellant challenged the judgment of the lower court on four grounds. The grounds excluding the elaborate particulars which accompanied each ground are as follows:

“1. That the learned trial judge committed a grave error in law in convicting the Appellant of the offences of armed robbery and sentencing him to death by firing squad when the law under which the charge was brought is in violation of the Appellant’s constitutional rights as enshrined in Section 36(6)(a) and is inconsistent therewith.

2. The learned trial judge erred in law and occasioned a grave miscarriage of justice in holding that the prosecution proved its case of conspiracy to commit armed robbery and armed robbery against the Appellant when the identity of the Appellant was never established by any procedure known to law.
3. The learned trial judge erred in law in wrongly evaluating the evidence given at the trial within a trial and thereby admitting inadmissible evidence (the confessional statements of the Appellant and the co-accused persons) on which he relied in convicting and sentencing the Appellant.
4. The learned trial judge erred in law when he held that the prosecution had proved its case of conspiracy to commit armed robbery and armed robbery against the Appellant when he failed to take into account the material contradictions and discrepancies in the evidence given by the prosecution witnesses.

The Appellant Brief of Argument was filed by his Counsel Olakunle Agbebi, Esq. on 20/12/13. The Brief was deemed as properly filed and served on 7/10/13.

The Respondent’s Brief of Argument prepared by B. A. Adebayo Esq. the Administrator General and Public Trustee of the Ogun State Ministry of Justice was filed on 30/10/13.

The Appellant’s Counsel Olakunle Agbebi, Esq. identified four issues for determination in this appeal, viz:-

“1. Whether the provisions of Section 1(2)(a) of the Robbery and Firearms (Special Provisions) Act Cap. 398 Laws of the Federation of Nigeria, 1990 as amended by the Tribunals (Certain Consequential Amendments etc) Decree, 1999 under which the Appellant was tried, convicted and sentenced are not inconsistent with the provisions of Section 36(6) of the Constitution of the Federal Republic of Nigeria 1999 and therefore void?

2. Whether the failure by the prosecution to identify the Appellant as one of the robbers is not fatal to the case for the prosecution?
3. Whether the learned trial judge was right in admitting Exhibit C in evidence and attaching any weight to it?
4. Whether the learned trial judge was right in holding that the prosecution proved a case of conspiracy and armed robbery against the Appellant beyond reasonable doubt?

The Respondent’s Counsel on the other hand was of the view that a single issue is all that is needed to determine this appeal. He formulated the issue as follows:-

“Whether the prosecution proved beyond reasonable doubt the offences of conspiracy to commit armed robbery and armed robbery against the Appellant having regard to the evidence before the trial court”.