Sunkanmi Adebesin V. The State (2010)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

MODUPE FASANMI J.C.A. (Delivering the Leading Judgment)

This is an appeal against the judgment of the High Court of Ogun State sitting at Abeokuta. The judgment was delivered on 21st June 2005. Appellant was arraigned on the 18th of November, 2003 on a one count charge of attempted Robbery contrary to Section 2(1) of the Robbery and Firearm (Special Provisions) Act 1990 as amended by the Tribunals (Certain Consequential Amendment, Etc) Act 1999. Appellant pleaded not guilty to the charge. The Respondent in discharging the burden of proof called five witnesses at the trial and tendered 5 exhibits.

Appellant gave evidence on his behalf and called one witness. At the end of the trial, Appellant was found guilty as charged. He was convicted and sentenced to life imprisonment.

The brief facts of the case are that on the 26th of Nov. 2002 at about 8.00 p.m., the Appellant went into a video rental shop at Saje Maternity Clinic Saje area of Abeokuta and requested for the owner of the shop. He was told that the owner of the shop was not around by the shop attendant. The Appellant used his leg to close the shop’s door and brought out a gun with which he threatened to shoot the shop attendant unless he produced all the sales money for the day. Appellant then slapped the attendant (P.W.1) who then struggled with the Appellant while shouting for help and managed to break what was then discovered to be a toy gun into two. In the course of struggle. P.W.2 came to the scene and on seeing the situation, she also raised alarm which brought her husband P.W.3 to the scene. Appellant was subsequently arrested while trying to escape and taken to the police station where he volunteered his statement.

Appellant in his defence denied attempting to rob the video shop but claimed he had gone to the shop to collect a refund of money he earlier paid for the rentage of a video cassette the previous day.

At the close of the case for the prosecution and the defence, learned Counsel for both parties addressed the court. The learned trial judge in his judgment delivered on the 21st of June 2005 found the Appellant guilty as charged convicted him and sentenced him to life imprisonment. It is against this judgment that the Appellant has appealed to this Honourable court. Appellant’s notice of appeal is dated 20th July 2005 but filed on 21st July 2005 wherein he filed three grounds of appeal. By the amended notice of appeal dated 26th February 2008 but filed on 29th February 2008, Appellant filed two grounds of appeals. The Amended notice of appeal was deemed properly filed and served on the 28th of February, 2008 by the order of this court.

Appellant distilled three issues for determination as follows:

(1) Whether the prosecution proved a case of attempted robbery against the Appellant beyond reasonable doubt particularly in the light of the evidence adduced

(2) Whether the learned trial judge properly evaluated the evidence before the court and if the defence put up by the Appellant was considered

(3) Did the learned trial judge have the jurisdiction to impose a sentence of life imprisonment on the Appellant.

The Respondent on its part also distilled three issues for determination as follows:-

(1) Whether the prosecution proved a case of attempted robbery against the Appellant having regard to the evidence adduced

(2) Whether the learned trial judge considered the defence put up by the Appellant before arriving at the conclusion and

(3) Whether the trial judge had jurisdiction to impose a sentence of life imprisonment