Tosin Avodewu V. The State (2016)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

ALI ABUBAKAR BABANDI GUMEL, J.C.A. (Delivering the Leading Judgment)

This is an appeal against the judgment of the Ogun State High Court, delivered on 31st March, 2014 in charge No HCL/8C/2010. The Appellants was one of the 3 Accused persons who were charged, arraigned and tried on a single count charge of conspiracy to commit armed robbery contrary to Section 6(b) and punishable under Section 1(2) (a) of the Robbery and Firearms (Special Provisions) Act CAP R.11 L.F.N, 2004. The other 2 accused persons were Segun James and Dele Babalola. They each pleaded not guilty and the case proceeded to trial.

At the trial the prosecution called and relied on the evidence of 5 witnesses. PW1 to PW5 and the extra Judicial Statements of the Appellant and the other Accused persons. The Appellant defended himself as DW3. At the evidence of the parties, prospective learned counsel filed and exchanged written addresses and same were duly adopted and relied on by the parties before the matter was adjourned for judgment. In its judgment, the lower Court at page 118 of the record of appeal held that:-

?In the instant case, conspiracy can be

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inferred on the basis of circumstantial evidence and confessional statement of the 3rd accused person for the foregoing, I hold that the prosecution has proved the charge of conspiracy to commit armed robbery against the three accused person.?

The Court proceeded to convict the Appellant and the 2 others and sentenced them to death by hanging.

The Appellant was dissatisfied with the finding him of guilty, conviction and sentence. He appealed to this Court in a notice of appeal dated 6th June, 2014 but filed on 16th June, 2014. It contains 5 grounds of appeal with copious particulars. With leave of this Court, the original notice of appeal was amended to accommodate additional grounds of appeal to add up to 9 grounds. In consequence thereof an amended notice of appeal of 9 grounds of appeal was deemed properly filed and served on 30th January, 2015.

1. The Learned trial judge misdirected herself when at page 8 of her judgment (page 114 of the Record of Appeal) she found as follows:

?3rd accused person on the other hand was arrested about four months after the incident by’ the said vigilante group based on the confessional

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statement of the 1st and 2nd accused persons.? (Emphasis and underlines supplied)

PARTICULARS

i. There is no reference to the 3rd accused person at all in the confessional statements of the 1st and 2nd Respondents.

ii. The 3rd accused was arrested four months after the alleged attempted robbery based on an alleged investigation conducted by the vigilante group, OPC.