CaseLaw
Agboola V. State (2013) CLR 5(L) (SC)
Brief
Facts
The accused is charged with one count of the offence of armed robbery in that on or about 26/04/2007 along Sagamu/Ijebu Ode Express Way near Odogbolu junction in the Ijebu Ode Judicial Division while armed with a knife robbed one Sunday Cornelius his jincheng Motorcycle, two Nokia Phones and the sum of four thousand Naira, an offence contrary to Section 1(2)(a) of 'the Robbery and fire arms (Special Provisions) Act Cap R. 11, Laws of the Federation of Nigeria, 2004."
The accused, hereinafter referred to as appellant, upon arraignment pleaded not guilty to the charge and the prosecution proceeded to trial. The prosecution called four (4) witnesses while only the appellant testified in defence.
The prosecution's case briefly goes thus - sometime on 26th April, 2007 at the Lagos garage, Ijebu Ode, the appellant engaged the complainant, Sunday Cornelius (PW1) - a Vulcanizer and commercial Motorcyclist operating at the said Lagos garage in Ijebu Ode, to carry him from Ijebu-Ode to Sagamu. PW1 was reluctant and initially refused, the reason being that the distance was long, coupled with the fact that his motorcycle was then unregistered, but upon persuasion by one Adeleke Taiwo, PW1 agreed. They then left for Sagamu at about 12 noon. After the appellant had concluded what he went to Sagamu for, they headed back to Ijebu Ode at about 7.00pm. But shortly before Odogbolu junction, the appellant asked PW1 to stop the motorcycle as he wanted to ease himself. The appellant eventually slashed PW1 on his neck with a knife and then made away with the motorcycle of PW1.
PW1 managed to run to Odogbolu junction for help. The motorcyclists at the park helped him to Aiyepe Police station and from there the police took him to the General Hospital, Aiyede for treatment. He was later referred to the State Hospital, Ijebu-Ode. The appellant was later arrested in Lagos with the motorcycle. On request, the appellant was released to the Police in Odogbolu and was later transferred to State Criminal Investigation Department (CID), Eleweran, Abeokuta.
At the close of the trial, after the trial Judge had carried out the appraisal of the facts and evaluation of the available evidence adduced found the appellant guilty as charged, convicted and sentenced him to death accordingly.
Dissatisfied with the judgment of the trial court led to the appellant's appeal to the court below on the amended Notice of Appeal filed on 24/8/2010 containing nine (9) grounds of appeal. The Court of Appeal later found that the guilt of the appellant was established and that the resolution by the trial court that prosecution proved its case beyond reasonable doubt was properly done in securing conviction of the appellant. The court finally affirmed the conviction of the appellant by the trial Court on 30/3/2009 but reduced the sentence from death under Section 1(2)(a) of the Robbery and Firearms (Special Provisions) Act, Laws of the Federation of Nigeria 2004, to and substituted by a term of imprisonment for life under Section 2(2)(a) of the same Law (supra).
Further dissatisfied, the appellant appealed to this court