Segun Fasinu V. The State (2016)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

NONYEREM OKORONKWO, J.C.A. (Delivering the Leading Judgment)

By its judgment delivered on 9th July, 2013, the High Court of Ogun State convicted the appellant and his co-accused of the offences of conspiracy to commit armed robbery and attempted armed robbery and sentenced each to 14 years imprisonment on each count ordered to run concurrently.

Dissatisfied with the sentence and conviction, the appellant, Segun Fasinu by a Notice of Appeal dated and filed 22/7/2013 lodged this appeal.

The facts of the case leading to the appeal as rendered by the respondent in its brief, is as follows:

The case for the prosecution at the Court was that on 23/2/2010 at about 7.30 p.m., one Mujeeb Fashina (PW1), a commercial motorcyclist using his motorcycle for commercial purpose was stopped by the Appellant and one Taiwo Olatunji (Appellants co-accused). The Appellant and his co-accused asked to be conveyed to Iju and the PW1 agreed. While on their way getting to Odo Mosa (River Mosa) PW1 was asked to stop but he refused. Upon his refusal, a rope was thrown around the PW1s neck from behind by the Appellant’s Co-accused. In a bid to remove

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the rope from around his neck, the PW1 lost control of the motorcycle, causing the motorcycle and everyone riding on it to fall. in a bid to dispossess the PW1 of the key to his motorcycle, the Appellants co-accused put a knife to the Pw1s throat and injured him. In the course of the struggle by the Appellant and his co accused to dispossess the PW1 of the key to his motorcycle the Appellant’s co-accused put a knife to PW1’s throat and injured him. During the struggle between thePW1 and the duo of Appellant and his co-accused PW1 was able to tear off the dress of the Appellants co-accused, After a while, two motorcyclists were seen approaching the scene and PW1 screamed.

The Appellant covered PW1’s mouth to prevent him from shouting while the Appellants co-accused choked PW13 neck. The PW1 bit the Appellants hand with aggression and the Appellant shouted, Both the Appellant and his co-accused ran into the swamp. With the assistance of his fellow motorcyclists, the PW1 looked for the Appellant and his co-accused but did not get them. The incident was reported to the Baale of Mosa Village. Vigilante men were summoned and

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dispatched to the scene where the Appellant’s co accused was first arrested and the Appellant was later arrested, A case of conspiracy to commit armed robbery and attempted robbery was incidented against the Appellant and his co-accused. This led to the trial of the Appellant and his co-accused, and both were subsequently convicted for the Offences of Conspiracy to Commit Armed Robbery and Attempted robbery.

The Notice of Appeal earlier filed was amended by leave of Court of 25/2/2005 whereby the appellant supplanted the notice of appeal with 5 ground reproduced hereunder with their particulars.

GROUND 1

The learned trial judge erred in law and thus, came to a wrong decision in respect of the Criminal Charges against the Appellant herein when she failed to consider the Appellant’s retraction of his alleged confessional statement (Exhibit B) and proceeded to convict the Appellant of the offence of conspiracy to commit armed robbery and attempted armed robbery.

PARTICULARS