Segun Adebiyi V State (2016)

LAWGLOBAL HUB Lead Judgment Report

CHIMA CENTUS NWEZE, J.S.C.

The appellant in this appeal [as the accused person]; one Kwame Wisdom, and others at large, were arraigned at the High Court of Justice, Ogun State. The five counts of the charges laid against them were for the offences of conspiracy to commit felony, to wit, armed robbery and armed robbery of Akeem Kutelu, Isikilu Jimoh and Felix Nchem. They pleaded not guilty.

In their spirited attempt to prove the offences as charged, the respondent called four witnesses. Only the appellant and Kwame Wisdom testified in their respective defences. In its judgment of April 2, 2009, the Court [hereinafter referred to as “the trial Court”] convicted and sentenced the appellant and Kwame Wisdom to death by hanging.

Their appeal to the Court of Appeal [hereinafter simply called “the Lower Court”] having been dismissed, the appellant approached this Court, via his Notice of Appeal, from which he distilled two issues for the resolution of his complaint against the Lower Court’s judgment.

The issues were framed thus:

1. Whether the Court of Appeal was right in holding that the trial Court rightly discountenanced the plea of

alibi raised by the appellant

2. Whether the Court of Appeal was right in upholding the trial Court’s conviction of the appellant for the offences of conspiracy to commit armed robbery and armed robbery

On their part the prosecution formulated three issues couched thus.

1. Whether the Court of Appeal rightly discountenanced the plea of alibi raised by the appellant
2. Whether the Court below rightly held that the offences of conspiracy to commit armed robbery and armed robbery have been proved by the respondent against the appellant beyond reasonable doubt
3. Whether the appellant was properly identified in the case

My Lords, having regard to the cogency of the defence of alibi, I take the view that only the first issue, which is common to the two briefs, is determination of this appeal. It will, thus, be adopted in the resolution of this appeal. The reason for this approach will soon become evident anon. Before then, however, a brief factual background of the case would not be out of place.

FACTUAL BACKGROUND

The prosecution’s allegation was that, at about 1 am on December 29, 2004, there was an armed robbery operation at Folashade’s compound, Owode-Yelwa, Ogun

State. The tenants in the said house were, allegedly, robbed of various items of property, money etc. PW2, [Isikilu Jimoh, a driver], a tenant in the said house, was said to be one of the victims.

A report of the incident was lodge at the Owode Egbado Police station the following day whereupon a woman Police Sergeant, Iyabode Adeogun, was detailed to investigate it. She was PW4 at the hearing. No suspect was arrested at the scene. On January 4, 2005, Isikilu Jimoh, one of the alleged victims, saw the appellant; the first accused person [Kwame Wisdom] and one other person on their way to a garage on Idiriko Road, also, in Owode.

He, allegedly, recognized them as the people that were involved in the robbery operation. When they boarded a taxi, he [PW2], also, boarded another vehicle. He directed the driver to follow the vehicle they [the appellant and others boarded].

It was at the Military checkpoint that PW2 intimated the Police of what had transpired on December 29, 2004. The appellant and others attempted to escape but they were arrested. The appellant denied the charge. He set up a defence of alibi which was not investigated at all. That notwithstanding, the