Tope Adesoye v. The State (2024)

LAWGLOBAL HUB Lead Judgment Report – SUPREME COURT

MOHAMMED BABA IDRIS, JSC (Delivering the leading judgment)

This is an appeal against the judgment of the Court of Appeal, Ilorin Judicial Division delivered Coram Honourable Justice Chidi Nwaoma Uwa, JCA, Honourable Justice Hamma Akawu Barka, JCA and Honourable Justice Boloukuromo Moses Ugo, JCA on 28th of February, 2018.

The appellant herein was arraigned on a three-count charge before the High Court of Justice, sitting in Ilorin. The charge is reproduced hereunder thus:

Count one

That you, Tope Adesoye, along with two others (at large), on or about 5/9/2014 at Agamo, GRA, Omu – Aran, Kwara State, within the jurisdiction of this honourable court, conspired to commit an illegal act to wit; while armed with gun conspired to rob one Engr. Ogundipe, Deborah Ogundipe and Olaoye Lydia and dispossessed them of their money and other valuable and thereby committed an offence contrary to section 6(b) of the Robbery and Firearms (Special Provisions) Act CAP R11 Laws of the Federation of Nigeria, 2004.

Count two

That you, Tope Adesoye, along with two others (at large), on or about 5/9/2014 at Agamo, GRA, Omu-Aran Kwara State within the jurisdiction of this honourable court while armed with a gun robbed one Engr. Ogundipe, Deborah Ogundipe and Olaoye Lydia and dispossessed them of their money and other valuables and you thereby committed an offence contrary to section 1(2) of the Robbery and Firearms (Special Provision) Act Cap R11 Laws of the Federation of Nigeria 2004.

Count three

That you Tope Adesoye along with the two others (at large) on or about 5/9/2014 between Ilorin/Ajase-Ipo Road, Kwara State within the jurisdiction of this honourable court commit an illegal act to wit: was found to be in illegal possession of firearms and you thereby committed an offense contrary to section 3(1) of the Robbery and Firearms (Special provision) Act CAP R11 Laws of the Federation of Nigeria, 2004.

The appellant pleaded not guilty to the three count charge and in proof of their case, the respondent called 5 (five) witnesses in all.

The PW1, a Sergeant attached to the Special Anti-Robbery Squad (SARS) testified as the exhibit Keeper and stated that the exhibits recovered from the appellant are two cut-to-size short guns, 9 cartridges, a criminal charm and the sum of N88,000.

PW2 testified that he is a taxi driver and that the appellant and another man boarded his car on the 6th day of September, 2014. The witness stated that there were 4 (four) passengers in all in the vehicle and that at about 8 pm, he (PW2) drove past a police checkpoint and the vehicle was stopped and they were searched. Suddenly, the person with the appellant ran out and absconded into the bush and the police arrested the appellant and found in the bag he was carrying all the items listed by PW1. PW2 stated they were all arrested and detained at the police station and that while they were in the police cell, the appellant confessed to him that he and some others had gone to Omu-Aran to rob and the appellant informed the police that he (PW2) and the other passenger were innocent and should be released. The witness stated that they were all taken to the place where the robbery took place at Omu-Aran and the appellant was identified while the PW2 and the other passenger were not and they were subsequently released.

The PW3 testified that on the 5th day of September, 2014 at about 7.30 pm, three armed robbers invaded her home and demanded for money. PW3 testified that the robbers threatened to rape her two daughters but she pleaded that they should take her life instead and that was when she saw the face of the appellant.

PW3 said she easily recognized the appellant because she had been seeing him around in the neighbourhood prior to the incident. The witness said that she identified the appellant when the police brought him and PW1 and the other passenger.