Umoru Abdullahi V. The State (2016)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

UCHECHUKWU ONYEMENAM, J.C.A. (Delivering the Leading Judgment)

The judgment is in respect of the appeal against the decision of T.S.Umar. J, of the High Court of Kwara State, sitting in Ilorin delivered on 18th September, 2014. In the said judgment, the trial Court convicted the Appellant of the offences of Criminal Conspiracy punishable under Section 97 of the Penal Code and Robbery punishable under Section 1 (1) of the Robbery and Firearms (Special Provisions) Act, Cap,R11, Laws of the Federation of Nigeria, 2004.

The charge before the trial Court was filed against the Appellant as 1st accused person and one Abubakar Umaru as the 2nd accused person. However before their arraignment, the said Abubakar Umaru jumped bail. The learned trial Judge granted the prosecution’s application to separate the trial of the Appellant from his co-accused person who was at large; whereupon the Appellant was tried under the two (2) count charge brought against him.

The charge sheet read thus:

COUNT ONE

That you Umoru Abdullahi and Abubakar Umaru on or about the 20th day of September, 2010 at Eruku along Obbo-lle town within the

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jurisdiction of this Honourable Court conspired to do an illegal act to wit: while armed you robbed one Moody Moses and other motorist along the highway and same was done in pursuance of an agreement among you with others at large and you thereby committed an offence punishable under Section 97 of the Penal Code Law.

COUNT TWO

That you Umoru Abdullahi and Abubakar Umaru on or about the 20th day of September, 2010 at Eruku along Obbo-lle town within the jurisdiction of this Honourable Court while armed with locally made pistol did rob one Moody Moses and other motorists of their valuable properties and cash along the highway and you thereby committed an offence contrary to Section 1(2) of the Robbery and Fire Arms (Special Provision) Act Cap R11, Laws of the Federation 2004.

On 25th January, 2012, the Appellant pleaded not guilty to the above two count charge. In his trial thereafter, the prosecution called three witnesses and tendered three documents which were admitted and marked Exhibits 1, 2 and 2(a).

The case of the prosecution is that on 20th September, 2010, the PW1 one Titilayo Olatayo and other motorists were robbed by armed

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robbers along the highway between lloffa and Osi wherein her bag containing her handset, money and other valuables was taken at gun point. That on 22nd September, 2010 one PC Sunday Agbo with the aid of motorcyclists arrested the Appellant in possession of five handsets, charms and the sum of N58, 000.00 (Fifty eight thousand naira) only. The said PC Agbo and one of the motorcyclists took the Appellant to Share Police Divisional Headquarters where PC Lawal Olayiwola (PW2) took his statement and later transferred the Appellant, the case file and the items recovered from him to the Police Headquarters, llorin. At the State CID, the investigating Police Officer (lPO), Sgt. Segun Dada (PW3), discovered that one of the handsets recovered from the Appellant had a sim. He therefore placed a call to PW1’s in-law whose number was in her contact to inform PW1 to come to the Police Headquarters, llorin. The PW1 said three days after the incident, her sister in-law in Lagos called to say the police had recovered her stolen handset and that her attention was required at the police headquarters, llorin. That she later went to the police and identified her phone from amongst