Segun Ajibade V. The State (2011)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

STANLEY SHENKO ALAGOA, J.C.A. (Delivering the Leading Judgment)

In the High Court of Justice Abeokuta Ogun State of Nigeria, the Appellant as 1st accused was charged in charge No.AB/8R/2001 along with three others with the following offences –

COUNT 1:

That you Segun Ajibade, Ogbonna Ogbojionu, Kolawole Oladeji and Sunday Oloyede on or about the 23rd October 2000 at Elf Filling Station at km.9 along Abeokuta/Lagos Road in the Abeokuta Judicial Division conspired together to commit a felony to wit armed robbery and thereby committed an offence contrary to section 5(b) and punishable under section 1(2)(a) of the Robbery and Firearms (Special Provisions) Act Cap 398 L.F.N. 1990 as amended by the Tribunal (Certain Consequential Amendments etc.) Decree 1999.

COUNT II:

That you Segun Ajibade, Ogbonna Ogbojionu, Kolawole Oladeji and Sunday Oloyede on or about the 23rd day of October 2000 at Elf Filling Station along Abeokuta/Lagos Road, in the Abeokuta Judicial Division while armed with offensive weapon to wit an iron rod robbed Lister Electricity/Generator, Property of the said Filling station and thereby committed armed robbery contrary to section 1(2)(a) of the Robbery and Firearms (Special Provisions) Act Cap 398 L.F.N. 1990 as amended- by the Tribunal (Certain Consequential Amendments etc.) Decree.

The Prosecution called eleven witnesses and ten number of exhibits in proof of its case while the defence called no witnesses, choosing to rest its case on the prosecution’s case. After short addresses by counsel for the accused persons on the 16th October 2002 at pages 49 and 50 of the Record of Appeal, the learned trial Judge Ayobode Lokulo-Sodipo J. (as he then was) reserved judgment for 23rd December 2002 and in his considered judgment delivered on the 14th January 2003 at pages 52-77 of the Record of Appeal the learned trial Judge found all the accused persons guilty of the two count charge and sentenced each of the accused to death on each of the counts.

Dissatisfied the 1st accused Segun Ajibade has appealed against the judgment of the lower court by his Notice of Appeal dated the 20th January 2003 at page 78 of the Record of Appeal. By Order of this Court the Notice of Appeal was amended. The Amended Notice of Appeal dated the 12th 2009 and filed same day consists of four grounds stated below but without the particulars:-

GROUND ONE:-

The decision of the High Court is unreasonable and cannot be supported having regard to the weight of evidence.

GROUND TWO –

The learned trial court erred in law when it failed and/or neglected to give the applicants fair trial before convicting them for the offence of armed robbery and sentencing them to death.

GROUND THREE –

The learned trial court erred in law when it convicted the applicants for armed robbery without the prosecution proving the ingredients of armed robbery beyond reasonable doubt.