CaseLaw
The appellant was convicted and sentenced to death for the offence of armed robbery punishable under section 1(2) (a) of the Robbery and Firearms (Special Provisions) Act, No.47 of 1970. The trial took place at Abeokuta in the Ogun State High Court. His appeal to the Court of Appeal was unanimously dismissed by the three justices of the Court of Appeal.
P.W.4 stated that as he was assisting others to effect rescue operation to some of those involved in the accident he heard people shouting "thief, thief". He looked and saw about six people running away along the road. The accused was one of them and of whom the cry "thief, thief was being made. He chased them with his own vehicle and other motorists followed him in the chase. The accused's other confederate got into their own vehicle and sped off leaving the accused stranded surrounded by P.W.4 and the other motorists. Thereupon he dashed into the bush. He was still holding a machet. The accused was apprehended in the bush and handed over to P.W.5 along with the machet.
Accused denied any involvement in the robbery arguing that he too was a victim of a robbery attack and that he ran into the bush for safety. He stated that with the assistance of a good samaritan in the bush, he came out to the highway and was picked up by P.W.5.
The trial judge rejected the defence of the appellant and convicted him.