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RAHEEM AYINDE v. THE STATE

(2018) LPELR-44761(SC)

In The Supreme Court of Nigeria

On Friday, the 8th day of June, 2018

SC.129/2014


Before Their Lordships

MUSA DATTIJO MUHAMMAD Justice of The Supreme Court of Nigeria

KUDIRAT MOTONMORI OLATOKUNBO KEKERE-EKUN Justice of The Supreme Court of Nigeria

CHIMA CENTUS NWEZE Justice of The Supreme Court of Nigeria

AMINA ADAMU AUGIE Justice of The Supreme Court of Nigeria

EJEMBI EKO Justice of The Supreme Court of Nigeria


Between

RAHEEM AYINDE - Appellant(s)

AND

THE STATE - Respondent(s)


Other Citations

; ;


Summary

INTRODUCTION:
This appeal borders on Criminal Law and Procedure.
FACTS:
This is an appeal against the decision of the Court of Appeal sitting in Ilorin.

The Appellant, and one other Accused Person, Kehinde Ajumobi, were tried and convicted by the Kwara State High Court for the offence of armed robbery. They allegedly robbed the occupants of a compound at Budo-Nuru Area, Ilorin, and dispossessed them of valuables, including money, phone, and wrist watch, while "armed with a gun, cutlass, broken bottle, and dangerous weapons".

The Appellant, who was the second Accused, denied the allegation and put forward a defence of mistaken identity. He claimed that he went to see the first Accused in his house, which was in the same vicinity as the scene of crime, and while the first Accused was seeing him off, they were accosted and attacked by two men, who accused them of being the robbers that operated that night. The High Court, in its Judgment of 11/7/2012, rejected his defence and found him guilty. He was sentenced to 14 years' imprisonment without option of fine.

Aggrieved, the Appellant appealed to the Court of Appeal, Ilorin Division. ???But the Court of Appeal, in its Judgment delivered on 19/12/2013, affirmed the High Court's decision, including the conviction and sentence imposed on him. 

Further aggrieved, the Appellant appealed to the Supreme Court.

ISSUES:
The Court determined the appeal on the issues raised by the Appellant and couched as follows:

1. Whether the Learned Justices of the Court of Appeal came to a justifiable conclusion in law and equity when their Lordships held that the Appellant was sufficiently identified as one of the armed robbers that committed the offence in issue and that the discrepancies between the Appellant's Extra, Judicial Statement and his oral testimony in Court relate to substance and not form such that the Appellant's defence of mistaken identity may be thrown away with a wave of hand. 

2. Whether the Learned Justices of the Court of Appeal were correct in law and equity when their Lordship held that the Learned Trial  Judge did not place reliance on the statement (oral confession) that the Appellant purportedly made to PW8 in coming to the conclusion that the prosecution proved its case beyond reasonable doubt. 

DECISION/HELD:
On the whole, the Court found no merit in the appeal and accordingly dismissed same.


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