Segun Odunayo V. The State (2013)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

ADAMU JAURO, J.C.A. (Delivering the Leading Judgment)

This is an appeal against the judgment of the High Court of Ogun State, Ota Judicial Division delivered on 21st December, 2010 by Hon. Justice A. O. Asenuga in Suit No. HCT/12R/2007.

A resume of the facts culminating in this appeal is hereby made as follows: The appellant Segun Odunayo and two others, namely Kazeem Akintunde and Ahmed Salami were arraigned before the Ogun State High Court, Ota Judicial Division on a three count charge of Conspiracy to commit armed robbery and armed robbery. The said offences being contrary to Section 6 (b) and 1 (2) (a) of the Robbery and Firearms (Special Provisions) Act, Cap. R. 11, Laws of the Federation of Nigeria, 2004. Trial commenced in earnest on 21st November, 2008 with the appellant and the two other accused persons pleading not guilty to the charges. The prosecution called four witnesses and tendered exhibits in support of its case.

The appellant opened his defence on 9th November, 2009 and testified as DW1, while his mother Ajike Odunayo testified as DW2. Upon the conclusion of hearing written addresses were ordered on 5th May, 2010 and same adopted on 18th October, 2010. In an eight paged judgment delivered on 21st December, 2010 the appellant and the other two accused persons were found guilty as charged and sentenced to death by hanging, as follows:

“It is therefore my findings that in all the circumstances of this case, all the accused persons are guilty of the offences of conspiracy to commit armed robbery and armed robbery as charged. The punishment for the offence under the law is death. All the accused persons are hereby sentenced to death by hanging.

See page 123 of the record of appeal.

The appellant evidently displeased and dissatisfied with the aforementioned decision of the lower court challenged same vide a notice of appeal dated and filed 30th December, 2010. See page 125 of the record. By leave of court granted on 12th February, 2013 the original notice of appeal was amended and the amended notice of appeal is anchored and predicated upon ten grounds of appeal. In strict compliance with the Rules of Court, briefs of argument were filed and exchanged. The appellant’s brief of argument was filed on 12th November, 2012 but deemed properly filed and served on 12th February, 2013.

The Respondent’s brief of argument is dated 14th March, 2013 and filed on l8th March, 2013. Mr. A. A. Olatunji leading Mrs. O. E. Ige and A. Abas Olisa Esq. for the appellant adopted the appellant’s brief of argument in urging the Court to allow the appeal. Mr. B.A. Adebayo, DDPP Ogun State leading Mr. W. A. Onawale, State Counsel, for the respondent adopted the respondent’s brief in urging the Court to dismiss the appeal in its entirety and affirm the decision of the trial court.

The appellant distilled five issues for determination from the grounds of appeal filed. The said issues as contained on pages 3 and 4 of the appellant’s brief are hereby reproduced:

“1. Whether having regard to the offences alleged against the Appellant and the other co-accused persons, being federal offences, the entire proceedings and Judgment (including the convictions and sentences contained therein) are not a nullity. (Ground 10 of the Amended Notice of Appeal)

2. Whether the trial court was right in relying on Exhibits C, C1 and G and the other alleged confessional statements of the 2nd and 3rd accused persons in convicting the appellant. (Grounds 2, 3 and 4 of the Amended Notice of Appeal)
3. Whether in view of the evidence led at the trial by the parties, the Prosecution proved its case against the Appellant beyond reasonable doubt.

(Grounds 5, 6 and 7 of the Amended Notice of Appeal)

4. Whether given the approach adopted by the learned trial Judge in his Judgment, he evaluated or properly evaluated the evidence before him in reaching his decision to convict the Appellant of conspiracy and armed robbery. (Grounds 1 and 8 of the Amended Notice of Appeal)
5. Whether in view of the Appellant’s right to fair hearing, the trial Court was right in proceeding to sentence the appellant to death after conviction without affording him right of allocutus. (Ground 9 of the Amended Notice of Appeal.)

The respondent on its part, nominated four issues for determination in response to the appellant. The said issues as contained on page 2 of the Respondent’s brief are as follows:

“(i) Whether the Attorney-General of Ogun State can prosecute offences under the Robbery and firearms Act 2004 without a fiat or delegation from the Attorney-General of the Federation.

(ii) Whether prosecution has proved its case against the Appellant beyond reasonable doubt.