Tosin Gabriel V. The State (2014)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

OBIETONBARA DANIEL-KALIO, J.C.A. (Delivering the Leading Judgment)

This appeal is over a conviction for a criminal offence. By an information filed in the High Court of Ogun State, the appellant faced a 2 count charge of conspiracy to commit armed robbery and armed robbery. The two offences are contrary to Section 6(b) and Section 1(2)(b) respectively of the Robbery and Firearms (Special Provisions) Act Cap. R11 Laws of the Federation of Nigeria 2004.

The particulars of the offence of armed robbery indicate that the appellant Tosin Gabriel who was the second accused, and others at large on or about the 8th day of August, 2008 at Ibatefin, Ipokia in Ilaro Judicial Division of the Ogun State High Court whilst armed with guns and knives, robbed one Oladele Gani of the sum of N2,150,000 in cash.

The appellant pleaded not guilty to the two counts. The prosecution called two witnesses and tendered two exhibits. The appellant opted not to defend himself and therefore neither gave evidence nor called any witness to testify on his behalf.

After considering the evidence placed before him and hearing the submissions of learned counsel, the learned trial Judge concluded thus:

“What I find established from the totality of the evidence presented by the prosecution is that (a) the accused persons and others now at large conspired to rob and did rob the PW1 on the 8/8/2008 when they snatched the sum of two million one hundred and fifty thousand naira (N2,150,000) from him and (b) that the two accused persons took part in the robbery.”

The trial Judge found that the count of armed robbery was unsubstantiated but was satisfied that a case of robbery was proved beyond reasonable doubt. Consequently, the appellant was convicted and sentenced to 21 years imprisonment effective from the date of his arrest. The judgment was delivered on 28/10/10.

Aggrieved by the verdict, the appellant on 16/11/2010 filed a Notice of Appeal. On 20/3/13 the appellant filed an Amended Notice of Appeal pursuant to the leave of this court to do so. The said Amended Notice of Appeal was deemed on having been properly filed and served on 22/5/13.

The grouse of the appellant as evinced in the grounds of appeal and the particulars thereto are as follows:

Ground 1

1. The learned trial Judge erred in law when he held that:

“Upon the unchallenged evidence of PW1 and the voluntary confessions – Exhibits A and B, I hold the view that the prosecution made out a prima facie case of the offences charged”.

Particulars of Error

The offences charged were conspiracy to commit armed robbery and armed robbery.There was no scintilla of evidence of any arms before the lower court. Exhibits A and B were documentary hearsay evidence.

GROUND 2