Sunday Oloyede V. The State (2013)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

HARUNA SIMON TSAMMANI, J.C.A.: (Delivering the Leading Judgment)

This appeal is against the judgment of the Ogun State High Court, Abeokuta Judicial Division, delivered by Ayobode Lokulo-Sodipe, J (as he then was) on the 14th day of January, 2003. Therein, the Appellant and three others were convicted for the offences of conspiracy and armed robbery, which are offences under Sections 5(b) and 1(2) (a) of the Robbery and Firearms (Special Provisions) Act, Cap. 398, Laws of the Federation of Nigeria, 1990 (as amended). The Appellant was consequently sentenced to death.

The Appellant was said to have conspired with three others to rob the Elf Filling Station, along Abeokuta/Lagos Road of a Lister Electricity Generator on the 23/10/2000. In the process of committing the robbery, one of the security men guarding the Filling station was hit on the head with an iron rod, which resulted in his death. The other security man was also hit with the iron rod which broke his femur. The Appellant and his co-accused all pleaded not guilty to the charge.

At the trial, the prosecution called eleven (11) witnesses and tendered thirteen (13) Exhibits, which included the extra-judicial statement of the Appellant, which the learned trial judge adjudged to be confessional. At the close of the prosecution’s case, the Appellant, and indeed the other accused persons, rested their case on the prosecution’s case. After very brief addresses of counsel, the learned trial judge, in a considered judgment found the charges proved against them and sentenced each of them to death. The Appellant, not unexpectedly filed this appeal against the said conviction. :

The original Notice of Appeal contained in page 78 of the Record of Appeal was dated the 20/1/2003. However, the Appellant was granted an extension of time to file the Notice of Appeal out of time, vide motion on Notice dated 30/4/2010 and filed 04/5/2010, as the date of filing of the first Notice of Appeal dated 20/1/2003 could not be established from the court records. The said motion was taken and granted on the 4/10/2010. This appeal was consequently heard on the Notice of Appeal dated and filed the 04/10/2010 but deemed filed 04/10/2010. The said Notice of Appeal is comprised of ten (10) Grounds of Appeal. For ease of reference, I endeavour to reproduce them (but without their particulars) below:- “Ground One

The learned trial judge misdirected himself when he found that Exhibits “E” and “H”, the statements of the Appellant, (as the 4th accused person at the trial) were confessional statements, and proceeded to convict him based on those statements.

Ground Two

The learned trial judge erred in law when he convicted the Appellant whereas the prosecution did not prove the necessary mens rea of the offence upon which the Appellant was charged.

Ground Three

The learned trial judge misdirected himself when he found the Appellant guilty of the offence of armed robbery when the prosecution did not prove the charge beyond reasonable doubt against the Appellant.

Ground Four

The learned trial judge erred in law in convicting the Appellant for armed robbery when the facts proved in the case did not disclose a case of armed robbery against the Appellant.

Ground Five

The learned trial judge erred in law when he held that “each of the accused persons in the statements not only fixed himself to the scene of the crime at the Elf Filling Station but each of them also disclosed in detail the role he played at the scene” and proceeded to convict the Appellant on his statement, which he found to be confessional, when indeed, Appellant’s statements, as well as those of his co-accused exculpated him of guilt in the offence.