CaseLaw
Adesina V. The State (2012) CLR 6(L) (SC)
Judgement delivered on June, 15th 2012
Brief
Facts
This appeal is against the judgment of the Court of Appeal, F Ibadan Division delivered on Monday the 19th of April, 2010. The decision affirmed the conviction and sentence of the appellants by the High Court of Ogun State, Ijebu-Ode Judicial Division on the two counts charge of conspiracy to commit G robbery and armed robbery delivered on the 6th of July 2008. The facts of the case are briefly; that on the 28th of February 2008, a gang of armed robbers forcefully broke into the Gateway Bank, Ijebu-Ode Branch, Ogun State. Those who entered into the Banking Hall shot freely into the air leaving people running helter-skelter. The appellants before this court remained in a vehicle parked at the premises of the Bank.
The others gained access into bank's strong room from where they carted away the sum of fourteen million naira in different denominations. A report of the incident was made to the police. At about 11.15 pm that day, a police patrol team along the Lagos-Benin Expressway saw an unoccupied Opel Omega car which was involved in an accident behind the Federal Government College, Odogbolu. On searching the car, the police got information that three men left the vehicle after the accident and two of them carried "Ghana must go" bags. Around 6.1 Sam the following morning while still on patrol duty, the police saw three men, two of them were carrying "Ghana must go" bags. The two appellants were immediately arrested while the third man ran into the bush. The "Ghana must go" bags were recovered from the appellants by the police. On searching the bags, a sum of N3,777,900.00 in different denominations and wrapped in Gateway Bank currency wrappers were found inside the bags. The appellants claimed ownership of the money. They were apprehended and taken to the police station where they volunteered confessional statements to the police. Both appellants were arraigned and charged before the trial court on two counts charge of conspiracy to commit armed robbery and armed robbery contrary to and punishable under Section 5 (6) and (2) (a) of the Robbery and Firearms (Special Provision) Act, Cap. 398 Laws of the Federation 1990 as amended by the Tribunals (Certain Consequential Amendment Etc.) Act 1999.
At the trial, the prosecution called five witnesses. The confessional statements of the appellants were admitted in evidence as Exhibits 'A' and 'M' after the court conducted a trial within trial in respect of each of the statements. The appellants testified for themselves. In the considered judgment of the trial court delivered on the 6th of July 2004, the learned trial Judge held that the prosecution had proved its case beyond reasonable doubt whereupon the accused/appellants were sentenced to death. The accused/appellants being dissatisfied with the said judgment appealed to the Court of Appeal Ibadan Division. In the judgment of that court delivered on the 19th of April 2010, the appeal of the appellants was dismissed and the conviction and sentence of the appellants to death by the trial court was affirmed. The appellants aggrieved by the decision of the lower court, filed a further appeal to this court.