Compulaw - 1st Indigenous Digital Law Library

Brief

Conspiracy to commit felony
Armed Robbery
No case submission
Confessional Statement
Identification parade
Alibi

Facts

The accused person, now Appellant, was arraigned before the High Court of Justice, Ibadan with 5 others 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, 2014.

The Appellant and those co-accused persons pleaded not guilty to the charges read by the court. The prosecution called a total of nine (9) prosecution witnesses who testified for the prosecution. It is to be noted that four accused persons Mumini Adisa, the Appellant herein, inclusive, each and every one made what the prosecution considered as confessional statement.

The defence made a no case submission on behalf of Fatai Busari, Mumini Adisa (the Appellant and Wahabi Alao). The trial court however accepted the no case submission in favour of Sunday, Okafor the 4th Accused only and accordingly discharged and acquitted him under Section 286 of the Criminal Procedure Law (CPL). It, the trial court, in addition, called upon the other accused persons to defend themselves.

The three (3) accused persons, namely

1
Fatai Busari - Appellant herein;
2
Mumini Adisa; and
3
Wahab Alao defended themselves. Not called any witness.

The trial court in its considered judgment at pages 88 - 108, delivered its judgment in which FATAI BUSARI, MUMINI ADISA and WAHAB ALAO were found guilty of the offences charged and convicted. However, before 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 with the whole purpose of setting aside the conviction and death sentence and to enter an acquittal for the 1st, 2nd and 3rd Appellants.

After thorough consideration of the appeal, in a reserved judgment the court below affirmed the judgment of the trial court which convicted and sentenced the Appellant to death for the offences of Conspiracy and to commit armed robbery.

The Appellant dissatisfied with the judgment of the court below delivered on 5th day of July, 2012 filed an appeal to the Supreme Court

Issues

1
Whether the court below was right in affirming the trial court's decision...

Busari V. State (2015) CLR 1(c) (SC)

Judgement delivered on January 30th 2015

Brief

Facts

Issues