CaseLaw
Adekoya V. State (2012) CLR 3(b) (SC)
Judgement delivered on March 23rd 2012
Brief
Facts
This is an appeal against the decision of the court of Appeal, Ibadan Judicial Division delivered on the 18th day of November, 2010 wherein their Lordships dismissed the appeal of the appellant and affirmed his conviction and sentence to death for the charge of conspiracy to commit armed robbery and armed robbery, contrary to section 5 (b) and 1 (2) (a) of the Robbery and Firearms (special Provisions) Act 1990 as amended by the Tribunal (Certain consequential Amendments, etc) Act 1999.
This is an appeal against the decision of the court of Appeal, Ibadan Judicial Division delivered on the 18th day of November, 2010 wherein their Lordships dismissed the appeal of the appellant and affirmed his conviction and sentence to death for the charge of conspiracy to commit armed robbery and armed robbery, contrary to section 5 (b) and 1 (2) (a) of the Robbery and Firearms (special Provisions) Act 1990 as amended by the Tribunal (Certain consequential Amendments, etc) Act 1999.
The Appellant being dissatisfied with the judgment has appealed against same by his Notice of Appeal dated 10th day of December 2010 and filed on the 11th day of December, 2012 on three grounds.
A background to this appeal is as follows:-The appellant pleaded not guilty to the two count charge and the case proceeded to trial. The prosecution called a total of five witnesses while the appellant called two witnesses. Exhibits were tendered and admitted in evidence.
The prosecution's witnesses evidence is to the effect that on the 8th day of November, 1999 at about 8 pm, the appellant and one other person boarded Pw1's motorcycle and on their way, the appellant and his co-passenger attacked Pw1 and made away with PW1's motorcycle, money and clothes. That the incident was reported to the police.
That the following day, Pw3 informed them that some motorcycle mirrors were brought to him in his shop for him to buy. That on getting to PW3's shop, PW1 saw those that attacked him and robbed him whereby the appellant was arrested and taken to the police station.
That before reporting the matter to the police, they visited the scene of the crime and recovered some money and a knife.
PW4 as one of the investigating police officers in the matter testified that he visited the scene of the crime and recovered PW1's identification Shirt, a red pullover and the registration mark of PW1's motorcycle.
The defence is to the effect that the Appellant knew nothing about the crime that he came to be in possession of the two side mirrors when his alleged partner in crime came to him to help him sell the two side mirrors and indeed, to act as an interpreter between him and the buyer, the seller being an Ibo boy who did not understand Yoruba language which the buyer speaks.