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(2018) LPELR-43942(CA)

In The Court of Appeal of Nigeria

On Monday, the 26th day of March, 2018


Before Their Lordships

CHINWE EUGENIA IYIZOBA Justice of The Court of Appeal of Nigeria

HARUNA SIMON TSAMMANI Justice of The Court of Appeal of Nigeria

NONYEREM OKORONKWO Justice of The Court of Appeal of Nigeria


JAMIU YINUSA - Appellant(s)


THE STATE - Respondent(s)

Other Citations

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This appeal borders on Criminal Law and Procedure.
This is an appeal against the judgment of the High Court of Ogun State Ijebu-Ode, in Charge No. HCJ/6C/2010 delivered on 15/02/2012 Coram Ogunsanya J convicting the Appellant and his co-accused on several counts of conspiracy to commit armed robbery and armed robbery.

???The prosecution's case was that on the 18th day of November, 2007 at Odogbolu in Ogun State, a gang of armed robbers including the Appellant, conspired together to rob several houses. The 1st house visited by the Appellant and his gang was the house of one Dr. Olukayode Adelaja at Awolowo Road Odogbolu, where they operated between the hours of 7.30am to 4.30am. They had time to cook, eat and drink themselves to stupor. They vomited and even had their bath in PW2's room. The generator was on from the time they entered PW1's house till about 3 a.m. when the fuel finished. At about 4.30a.m., the Appellant, his co-accused and others after telling one another that the vigilante would soon stop surveillance, left the house of PW1 with his motorcycle, mobile phone, one kriko air Rifle with one hundred and fifty bullets, and his best clothes and shoes. They also robbed his wife of her mobile phone, gold jewelleries and a Brazilian passport.  

???At about 6.15 a.m. the following morning 19/11/2007, the Appellant and his gang moved to PW3's house and gained entrance by jumping over the fence. PW3's dog which was barking was shot dead. Appellant and his men ransacked all the rooms and collected several mobile phones from PW3 and his family. At the end of their operation at PW3's house, they took his car, a Nissan Laurel vehicle with Reg. No. AP 362 JBD. Shortly after they left, fuel finished in the car. A police patrol vehicle saw a group of boys and on trying to stop them, they took to their heels. The Police pursued them and two were caught, the appellant and his co-accused. PW3 identified the Appellant because he was still wearing the PEPSI tee shirt which he wore during the robbery in PW3's house. The gun and other things they robbed from PW1 and PW2 were also found on them. The Appellant was jointly arraigned with his co-accused Idowu Amusa on a seven count charge of conspiracy and armed robbery, contrary to Section 6(b) and Section 1 (2) (a) of the Robbery and Firearms (Special Provisions) Act, Cap R.11, Laws of the Federation of Nigeria, 2004.

During the trial, the prosecution called five witnesses PW1- PW5 and tendered 3 handsets, 2 wristwatches, butt and nozzle of a rifle and one Pepsi inscribed tee shirt (alleged to have been worn by the Appellant during the operation) as exhibits: C-C2, D & D1, E & E1, and F; The confessional statements of the Appellant were admitted as Exhibits B and B1. The Appellant testified as DW2 and called his wife who testified as DW4. After the conclusion of trial, the Prosecution and the Appellant's counsel addressed the Court. The learned trial Judge after reviewing the evidence and the addresses of learned counsel held that the prosecution proved the offences against the Appellant beyond reasonable doubt. He convicted the Appellant and his co-accused and sentenced them to death. The Appellant naturally aggrieved with the judgment appealed against it to the Court of Appeal.

The Court of Appeal determined the appeal on this sole issue it couched as follows:

"Whether from the totality of the evidence adduced at the trial, the prosecution proved the charges preferred against the Appellant beyond reasonable doubt".

On the whole, the Court of Appeal found no merit in the appeal and accordingly dismissed same.

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