Tunde Asimi V. The State (2016)

LAWGLOBAL HUB Lead Judgment Report

OLABODE RHODES-VIVOUR, J.S.C.

Okey Omonoseh and Tunde Asimi were arraigned on an eight count charge which reads:

COUNT 1

That you, Okey Omonoseh and Tunde Asimi, on or about 31st July 2007 at Maggi Restaurant, Ajaokuta steel Company in Ajaokuta Local Government Area within the Kogi State Judicial Division committed the offence of criminal conspiracy by doing an act to wit: you agreed to rob Mr. Aiyedun Kunle of his Sky blue coloured V Boot Mercedes Benz 300E with Registration No. AL 578 LND which is an illegal act and thereby committed an offence punishable under Section 97 (1) of the Penal Code .

COUNT 2

That you, Okey Omonoseh and Tunde Asimi, on or about 24 July, 2007 at No 35 E Portakagi Bt.B Ajaokuta in Ajaokuta Local Government Area within the Kogi State Judicial Division committed the offence of criminal conspiracy by doing an act to wit: you agreed to rob Mr. Alabi Akeem’s wife of vehicle documents, Nokia handset, digital Sony Camera, Sony video CD with remote control, a cutlery set, cloths and his room key which is an illegal act and thereby committed an offence punishable

under Section 97 (1)of the Penal Code.

COUNT 3

That you, Okey Omonoseh and Tunde Asimi on or about 5 July, 2007 at 26 Kaduna Estate Ajaokuta Local Government Area within the Kogi State Judicial Division committed the offence of criminal conspiracy by doing an act to wit: you agreed to rob Mrs. Abigail Ibrahim of a DVD player with two speakers, Nokia Camera handsets, Samsung Camera Handset, Panasonic Handset, six thousand naira cash and her OX-blood coloured Toyota Carina E, registration No. EJ 808 ABC Abuja which is an illegal act and thereby committed an offence punishable under Section 97 (1) of the Penal Code.

COUNT 4

That you, Okey Omonoseh and Tunde Asimi, on or about 31 July, 2007 at Maggi Restaurant Ajaokuta Steel Company in Ajaokuta Local Government Area within the Kogi State Judicial Division Committed the offence of Armed Robbery by doing an act to wit you robbed Mr. Aiyedun Kunle at gun point of his Sky blue coloured V-Boot Mercedes Benz 300E with registration No. AL 578 LND and thereby committed an offence punishable under Section 298 (c) of the Penal Code.

COUNT 5

That you, Okey Omonoseh and Tunde Asimi, on or about 24

July, 2007 at No 35e, Portakagi Bt.B, Ajaokuta in Ajaokuta Local Government within the Kogi State Judicial Division committed the offence of armed robbery by doing an act to wit: you robbed Mr. Alabi’s sister of vehicle documents, Nokia handset, digital sony camera, sony video CD with remote control, a cutlery set, cloths and his room key and thereby committed an offence punishable under Section 298 (c) of the Penal Code.