n Compulaw - 1st Indigenous Digital Law Library
Disable Preloader

CaseLaw

Adisa V. State (2014) CLR 12(a) (SC)

Judgement delivered on December 19th 2014

Brief

  • Confessional Statement
  • Single witness
  • Armed robbery
  • Fair hearing

Facts

The accused person, now Appellant, was arraigned before the High Court of Justice Ibadan for the offences of conspiracy to commit felony to wit, Armed Robbery and thereby committed an offence contrary to and punishable under Section 1 (2) (a) of the Robbery and firearms (special provisions) Act. Cap R. 11, vol. 14 laws of the federation 2004.

All the accused persons pleaded not guilty to the charges read by the court.

Each and every accused persons made what the prosecution considered as confessional statement.

The defence made a 'no case submission1 on behalf of Fatayi Busari, Mumini Adisa (the Appellant) and Wahabi Alao. The trial court however accepted the no case submission in favour of Sunday the 4th accused, and "accordingly discharged him under Section 286 of the Criminal procedure law, (CPL) he in addition called upon the other accused persons to defend themselves.

The three (3) accused persons, namely;

  • 1
    Fatai Busari
  • 2
    Mumini Adisa and
  • 3
    Wahabi Alao defended themselves.

    • The trial court found FATAl BUSARl, MUMINI ADISA and WAHABl ALAO guilty of the offences charged and convicted. Before the sentence, Osuolale Tijani the 2nd accused person charged was reported dead and his name was accordingly struck out.

    The three (3) convicted persons were not satisfied with the judgment and sentences of the trial court, Adeniran J, appealed to the Court of Appeal Ibadan Division which in a reserved judgment found the appeal before it lacking in merit and was therefore dismissed. In a nutshell the court below affirmed the judgment of the trial court which convicted and sentenced the Appellant to death for the offences of conspiracy to commit armed robbery and armed robbery.

    The Appellant dissatisfied with the judgment of the court below appealed to the Supreme Court.

Issues

  • 1
    Whether the Court below was right in affirming the trial Court's which was...

Read More