Wahab Alao V. The State (2019)

LAWGLOBAL HUB Lead Judgment Report

SIDI DAUDA BAGE, J.S.C.

This appeal arose from the judgment of the Court of Appeal, Ibadan Division delivered on 6th December, 2013 as contained at pages 249 to 251 of the Record of Appeal. In its judgement, the Court below upheld the decision of the learned trial Judge, Adeniran J., which had convicted and sentenced the Appellant for the charge of armed robbery on 12th July 2012.

Being dissatisfied with the decision of the lower Court, the Appellant filed the instant appeal vide a Notice of Appeal dated 16th June, 2014 and filed 20th December, 2013 wherein he raised three (3) grounds of appeal as contained at pages 249 to 251 of the Record of Appeal.

SUMMARY OF FACTS:

The Appellant was charged together with Fatai Busari, Osuolale Tijani, Mumini Adisa and Sunday Okafor at the High Court of Oyo State with offences of conspiracy to commit armed robbery and armed robbery contrary to Section 5 (b) of the Robbery and Firearms (Special Offences) Act. Cap 398 Vol. XXII, Laws of the Federation of Nigeria 1999 and the offence of Armed Robbery contrary

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to Section 1 (2) (a) and (b) of the of the Robbery and Firearms (Special Offences) Act. Cap 398 Vol. XXII, Laws of the Federation of Nigeria 1990.

The offence was alleged to have been committed at Mobil Petrol Station, Challenge, Ibadan, Oyo State on November 18, 1994 by robbing one Alhaji Nurudeen Kolawole (‘the deceased’) of the sum of N150,000.00 (One Hundred and Fifty Thousand Naira) and in the process killed the deceased. At trial, the Appellant Fatai Busari and Mumini Adisa were found guilty and convicted for the offences and sentenced to death by hanging or execution by firing squad as contained in the judgement of the trial Court at pages 121 to 143 of the Record.

The Appellant was dissatisfied with the said judgement and filed an appeal at the Court below. The Court below delivered its judgement on 6th December, 2013 and dismissed the Appellant’s appeal and confirmed the conviction and sentence of the trial Court. Still being dissatisfied, the Appellant sought to explore right of further, final appeal to the Supreme Court and lodged the appeal on December 20, 2013.

ISSUES FOR DETERMINATION:

The Appellant formulated two issues for determination in this appeal, thus;

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“1) Whether Lower Court was right when it affirmed the conviction and sentence of the Appellant for the offence of armed robbery (Distilled from grounds 2 and 3).

2) Whether the Lower Court rightly affirmed the conviction and sentence of the Appellant for the offence of conspiracy to commit the offence of armed robbery (Distilled from grounds 1).”