Shina Akinrionola V. The State (2016)

LAWGLOBAL HUB Lead Judgment Report

JOHN INYANG OKORO, J.S.C.

This is an appeal against the judgment of the Court of Appeal, Akure Judicial Division which affirmed the decision of the High Court of Ondo State, sitting at Akure wherein the appellant was convicted of the offences of conspiracy and armed robbery, and sentenced to death by hanging contrary to Section 5(b) and 1(2)(a) of the Robbery and Firearms (Special provisions) Act Cap. 398 Vol. XXll Laws the Federation 1990, respectively.

The facts leading to this appeal as can be garnered from the record of appeal shows that the appellant on or about the 11th of December, 2003 at about 9.00 pm at No. 126 Oba Adesina Road. Akure popularly known as NAO Supermarket in the Akure judicial Division, while armed with guns and other dangerous weapons did rob one Ndubuisi Agatha (the Director of NAO Supermarket) of properties and cash valued at about Four Hundred and Forty Thousand Naira (N440,000.00) only.

The record further shows that in January 2004, while a team of detectives were investigating a robbery case at Araromi, the appellant and one other confessed to a previous case of robbery

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which happened at NAO Supermarket on the 11th December, 2003.

The case of the defence in respect of the appellant is that he was a victim of police random arrest at Araromi where he was waiting to take a bike. About seven of them were arrested. Appellant states that his statement – Exhibit B1 was not confessional. He also denied in open Court his participation in the robbery. At the close of evidence and addresses of counsel, the learned trial judge delivered judgment on 2nd November, 2010 and found the appellant guilty of conspiracy and armed robbery and thereby sentenced him to death accordingly.

Being dissatisfied with the judgment of the trial Court, the appellant appealed to the Court below which dismissed the appeal in a judgment delivered on 25th, June, 2014. The appellant has further appealed to this Court. Notice of appeal was filed on the 11th July, 2014 with three grounds of appeal.

On 28th, April, 2016 when this appeal was heard, both parties adopted their respective briefs which they had filed and exchanged. In the appellant’s brief settled by Adeniji Kazeem Esq., and filed on 20th October,2014, three issues have been distilled for

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the determination of this appeal. The issues are as follows:-

”(1) Whether the prosecution discharged the burden of proving that Exhibit B1 – the alleged confessional statement was corroborated or confirmed as true in line with a plethora of Supreme Court authorities

(2) Whether there was any reliable evidence in proof of the identity of the appellant as committing the offence in view of the material contradicting evidence of PW1, PW2, PW3 and PW4 in respect of the identification

(3) In view of the evidence before the Court, whether the Court of appeal was correct to have held that the prosecution proved the case of armed robbery against the appellant beyond reasonable doubt”