Temidayo V. State (2021)

LAWGLOBAL HUB Lead Judgment Report

ONYEKACHI AJA OTISI, J.C.A.

This appeal was brought by the Appellant against the judgment of the High Court of Ogun State, Ijebu Ode Judicial Division, sitting at Ijebu Ode delivered on August 20, 2020 Coram A. A. Babawale, J. in which the Appellant was convicted and sentenced to death by hanging on two count charges of:

a) CONSPIRACY TO COMMIT ARMED ROBBERY contrary to Section 21(b) and punishable under Section 16(1) (a) & (b) of the Prohibition of Forcible Occupation of Landed Properties, Armed Robbery, Kidnapping, Cultism and Other Anti Violence and Other Related Offences Law of Ogun State, 2016.

PARTICULARS OF OFFENCE

ADELAJA TIMIDAYO on or about 15th day of August, 2017 at about 19:30 hours at Ikoto area, Ijebu-Ode in the Ijebu-Ode Judicial Division conspired with another now at large to commit Armed Robbery.

b) ARMED ROBBERY contrary to and punishable under Section 16(1) of the Prohibition of Forcible Occupation of Landed Properties, Armed Robbery, Kidnapping, Cultism and Other Anti Violence and Other Related Offences Law of Ogun State, 2016.

PARTICULARS OF OFFENCE

ADELAJA TIMIDAYO (M) on or about the 15th day of August, 2017 at about 19:30 hrs at Ikoto ara, Ijebu-Ode in the Ijebu-Ode Judicial Division while armed with cutlass robbed one Julius Monday of his Bajaj Motorcycle with Reg. No. LAR 239 WM, the sum of N75, 000, a Techno phone and a pair of shoes.

Upon arraignment, the Appellant pleaded not guilty. At the trial, the Respondent called one witness, who was the complainant, in proof of its case, while the Appellant gave evidence for himself and thereafter closed his case. PW1, a commercial motorcyclist, testified that on 15/9/17, he picked up the Appellant, who was known to him, and one other person, as passengers from Okunowa to Ikoto. At Ikoto, the other passenger put dried pepper and soap into his eyes while he was still on his motorcycle. Consequently, they all fell on the ground. The same passenger made away his motorcycle while the Appellant macheted him with a cutlass. PW1 said he then engaged the Appellant in a fight. PW1 gave the time that the incident took place as between the hours of 8pm and 9pm. Men from a Vigilante group in the area intervened and took them both to Igbeba Police Station where the Appellant was detained while PW1 left for the hospital. PW1 further said he was also robbed of his Techno Phone and gave the registration number of his motorcycle as LAR 239 WM.

The Appellant, who testified that he was a timber worker, denied that he had robbed PW1. He said that his wife was ill on the day of the incident. He went to Ikoto to get a particular herb, which he usually used to cook for her whenever she was ill. At Epe garage, he joined a motorcyclist, PW1, with his cutlass to take him to Ikoto on a fare of N50.00. When they got to Ikoto, he gave PW1 the sum of N500, expecting change of N450, rather PW1 gave him N400. A dispute ensued and, in the process, a fight erupted between the Appellant and PW1 over the fare. The Appellant testified that PW1 called on other commercial motorcyclists who joined in beating him. The Vigilante group in the area came to the scene and both the Appellant and PW1 were taken to Igbeba Police Station. The Appellant in his testimony stated that no pepper was found on him and that though he had a cutlass, he did not machete PW1. The Appellant further denied that he robbed PW1 of either his Techno phone or motorcycle, and that he was the only one on the motorcycle.

After the conclusion of trial, the learned trial Judge dismissed the defence of the Appellant but relied on the evidence of PW1 to convict and sentence the Appellant to death by hanging. Dissatisfied with the judgment of the trial Court, the Appellant filed a Notice of Appeal against the said judgment on 8/10/2020, on three grounds of appeal, pages 45 – 51 of the Record of Appeal.

The parties filed Briefs of Argument. The Appellant’s brief was filed on 11/12/2020, while the Respondent’s brief was filed on 15/3/2021 but deemed properly filed and served on 22/6/2021. At the hearing of the appeal on 22/6/2021, the Briefs of Argument were respectively adopted by O.A. Alao, Esq., with S.B. Olarinde, Esq., for the Appellant, and Bukuola Duroajaiye, Esq., with M. Shittu, Esq., for the Respondent.

For the Appellant, two issues distilled for the determination of the appeal were:

i. Whether the learned trial Judge rightly held that the Respondent proved its case against the Appellant beyond reasonable doubt as enjoined by law and/or whether the doubts established in the case of the prosecution ought to be resolved in favour of the Appellant (ground 1 and 3).