CaseLaw
Olanipekun V. State (2016) CLR 5(c) (SC)
Judgement delivered on May 20th 2016
Brief
Facts
This is an appeal against the decision of the Court of Appeal, Ibadan Judicial Division which affirmed the decision of the High Court of Justice, Ogun State wherein the appellant was sentenced to death by hanging for alleged conspiracy and armed robbery contrary to Sections 5(b) and 1(2)(a) of the Robbery and Firearms (Special Provisions) Act Cap.38 Vol. XXII Laws of the Federation 1990.
The appellant was the 4th accused person who was arraigned with 3 others for the offence of conspiracy and armed robbery at the High Court of Justice, Ogun State. The robbery incidence took place at Ewi's compound, Oke-Efon area of Abeokuta in Ogun State on 18th August 2002 but the appellant was arrested on 3rd September 2002. The prosecution's case was that on 18th August, 2002 at about 3.30 am, the appellant in company of three others armed with guns and cutlasses broke into the apartment of Evangelist Oluseye Ogunremi who testified as PW2 and demanded for money. In the course of the robbery operation, the appellant hit PW2 with an iron on the head and subsequently ordered him to lie with his face down on the floor.
After the robbery operation, PW2 discovered that the sum of N800.00 and a Nokia and Sagem handsets were missing. On 19th August 2002 the 1st accused went to PW1 and tried to dispose of the handsets to him. PW1's suspicion was aroused when the 1st accused could not produce the purchase receipts for the handsets and he arranged for the arrest of the 1st accused when he received information of the robbery that took place on 18/8/2002. The 1st accused on being arrested made some statements to the Police and this led to the arrest of the other three accused persons and the recovery of two locally made single barrel shot guns in an uncompleted building. According to Inspector Titus Ogbonna who gave evidence as PW4, he cautioned the 4th accused on 15/9/2002 in pidgin English before recording his statement in Pidgin English. He read it over to him and he thumb printed. He said the statement was confessional and so he took the 4th accused to a superior Police Officer where he (4th accused) confirmed the statement. The statement was tendered in evidence without any objection and was admitted as Exhibit "D".
Altogether, nine witnesses testified for the prosecution and were cross-examined. Several exhibits were admitted in evidence. Each of the accused gave evidence in his defence before learned counsel for the parties addressed the Court. Judgment was delivered on 21st June 2005. The learned trial Judge held that the prosecution proved its case against the accused persons beyond reasonable doubt and therefore sentenced each of them to death by hanging for the offence of armed robbery but stayed the sentence on the 1st count which is for conspiracy.
The appellant appealed to the Court of Appeal, Ibadan but the appeal was dismissed on 29/11/2010. This is a further appeal to the Supreme Court.