Yusuf Osho V. The State (2009)

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HARUNA SIMON TSAMMANI, J.C.A.

This appeal is against the judgment of the Ogun State High Court of Justice, Sagamu Judicial Division, delivered by Hon. Justice A. Rotimi ? Balogun in Suit No: HCS/33C/2013.

Before the said High Court, the Appellant was charged with the following offences:
Count 1:
STATEMENT OF OFFENCE
Conspiracy to commit Armed Robbery contrary to Section 6(b) of the Robbery and Firearms (Special Provisions) Act, Cap. R11, Laws of the Federation of Nigeria, 2004.
PARTICULARS OF OFFENCE
YUSUF OSHO (M) and others now at large on or about the 23rd day of July, 2011 besides Owokoniran Hospital, Sagamu in the Sagamu Judicial Division, did conspire to commit Armed Robbery.
COUNT II:
STATEMENT OF OFFENCE
ARMED ROBBERY, contrary to Section 1(2)(a) and (b) of the Robbery and Firearms (Special Provisions) Act, Cap R.11, Laws of the Federation of Nigeria, 2004.
PARTICULARS OF OFFENCE
?YUSUF OSHO (M) and others now at large on or about the 23rd day of July, 2011, besides Owokoniran Hospital, Sagamu, in the Sagamu Judicial Division, while armed

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with a gun robbed Ariwoola Dauda of his motorcycle with Registration Number QF 313 EKY.

The case of the prosecution as narrated by Ariwoola Dauda (victim of the offence) who testified as the PW1 is as contained in pages 39 ? 41 of the record of appeal as follows:
?My name is Ariwoola Dauda. I am a student of Ladoke Akintola University of Technology, Ogbomosho. I know the reason why I am in Court. I know the Accused person. He is the one in the dock.
On 23rd July, 2011, I carried the Accused at GRA Sagamu on my Motorcycle to Owokoniran Hospital Street. Immediately I dropped him, he gave me N500.00. I wanted to give him his change when another motorcycle with another passenger came. I did not realize that I was being followed. As he gave me the N500.00 and I was still looking for change, those other persons, 2 in number on the other motorcycle gave the other motorcyclist N50 and he turned immediately. The three of them attacked me I was about giving the Accused person his change. The Accused pointed a gun at me. The other hit me on the head. I went to report at the Police Station immediately after they left with my motorcycle.

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I indicated in my statement that anytime I see the Accused person, I can recognize him. I reported at Sagamu Police Station and made statement. The Police followed me to the scene of crime and asked me go and treat myself.
On the 29th July, 2012, I saw the Accused on a motorcycle. He was going in front. He was a passenger and another motorcycle was following him. I then followed them. He entered a certain corner street at Isale-Ijagba. I entered with them and I held him and called attention of people to him that he is a thief. As I was shouting, the motorcyclist and the 2nd motorcyclist ran away. The Accused started fighting with me and injured me. People came to my rescue and caught him. They then called the Police to come and catch him. The Police came and arrested him

The Accused/Appellant gave testimony in Court as his defence to the charge against him. His oral testimony at page 50 of the Record of Appeal is as follows:
?My name is Yusuf Osho. Before my incarceration I used to live at Jones Street, Ebute Metta, Lagos. I used to be a ticket seller at the Local Government, Oyingbo. On 29th July, 2012, I went to see my

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friend. I was on Okada. I then heard someone shouting on top of an Okada behind own, thief!. I told my Okada driver to park so that they can pass us. When they got to where we are the Okada rider got down and held me and I started punching him. The Police Patrol passing then stopped and took us to the station. At the Station they asked me if I knew the Okada rider who is alleging that I snatched his motorcycle from him at gun point. I denied snatching any motorcycle in 2011, it was around that time I was recuperating from the accident I had in 2010. I told them I was at the General Hospital in Lagos and the matter was getting worse. So I sent for my mother who came to take me home in February, 2011. I told them that I was at home for 6 months after I discharged myself from hospital

At the trial, aside the victim of the robbery who testified as PW1, the prosecution called two other witnesses, who are Investigating Police Officers, who testified as the PW2 and PW3. The Appellant also called his mother who testified as DW1. The Extra-Judicial Statements of the Appellant were also tendered and admitted in evidence. Counsel filed and

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exchanged Written Addresses; and in a considered judgment delivered on the 2nd day of March, 2017, the trial Court convicted the Appellant on the two counts charge and sentenced him to death by hanging. It is against that conviction that the Appellant has appealed to this Court.