Wale Adisa v. The State (2023)

LAWGLOBAL HUB Lead Judgment Report – SUPREME COURT

TIJJANI ABUBAKAR, JSC (Delivering the leading judgment)

This appeal is against the judgment of the Court of Appeal Lagos Division, delivered on the 17th day of May 2013, affirming the conviction and sentence to death by hanging of the appellant by the High Court of Lagos State, delivered on the 25th day of January, 2011 for conspiracy and armed robbery contrary to section 402 (2) (a) of the Criminal Code Law, Cap C.17 Vol. 2 Laws of Lagos State 2003.

The appellant was arraigned before the High Court of Lagos State on two Counts charge of conspiracy to commit armed robbery and armed robbery.

Appellant was specifically alleged to have conspired to rob one Osotimehin Eniola (PW1) and Ibitoye Abiodun (PW 2) at Mr. Bigg’s Head Office, Oregun, Lagos and successfully carried out the robbery whilst armed with guns.

At the trial, the prosecution called the victims Eniola Osotimehin as PW1, Abiodun Ibitoye PW 2, Inspector Adekunle Babatola PW3 and Sergeant Victor Omoregie as PW 4. The prosecution also tendered 8 exhibits.

At the trial, the prosecution sought to tender the confessional statement of the appellant, there was vehement objection by the appellant, which eventually culminated into trial within trial. Appellant contended that the statement was not voluntary, the prosecution insisted otherwise.

At the conclusion of the trial within trial, the trial court held that the confessional statement was voluntary, it was therefore admitted in evidence as exhibit.

At the close of the case of the prosecution, the appellant testified on his own behalf and called one Aramide Olukoya who testified as DW3. At the end of the trial, appellant was found guilty of conspiracy to commit armed robbery and armed robbery; he was therefore convicted and sentenced to death by hanging.

Appellant became aggrieved by the decision of the trial court finding him guilty of the alleged offence, he therefore appealed against the decision to the lower court.

Appellant’s appeal was heard and dismissed on the 17th day of May, 2013. The lower court therefore affirmed the decision of the trial court sentencing the appellant to death. Appellant became nettled by the said decision and further appealed to this court.

The case of the prosecution is that on or about the 6th day of December 2015, at about 9 pm, the appellant, 1st defendant at the trial court and others now at large conspired to rob and did rob while armed with guns, one Osotimehin Eniola (PW 1) and Ibitoye Abiodun (PW 2). After the robbery, they escaped but PW 1 and PW 2 reported the robbery incident to Alausa Police Station that night when the incident occurred.

The car the appellant and his collaborators used in committing the offence was involved in an accident. The other armed robbers who thought the 1st defendant died in the accident abandoned him at the scene of the accident and ran away. Pedestrians around Oworonshoki who saw the accident took the 1st defendant who was then unconscious to Ogudu Police Station.

PW2 whose mobile phone was snatched by the robbers made a call to the phone and the call was answered by a police officer at Ogudu Police Station who then invited PW2 to the Police Station. The police at Alausa were contacted and the investigating Police officer Adekunle Babatola (PW 3) went to Ogudu Police station where he was informed that the 1st defendant, still unconscious was found in possession of the phone and live cartridges of ammunition.

The 1st defendant was later taken to Alausa Police Station where he made a confessional statement. The case was then transferred to SCID Panti for further detailed investigation. There, the 1st defendant made another confessional statement in which he mentioned the name of the 2nd defendant now appellant in this appeal as having taken part in the robbery.