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OLUMIDE SEGUN v. THE STATE

(2018) LPELR-44693(SC)

In The Supreme Court of Nigeria

On Friday, the 1st day of June, 2018

SC.977/2015


Before Their Lordships

OLABODE RHODES-VIVOUR Justice of The Supreme Court of Nigeria

MARY UKAEGO PETER-ODILI Justice of The Supreme Court of Nigeria

JOHN INYANG OKORO Justice of The Supreme Court of Nigeria

AMIRU SANUSI Justice of The Supreme Court of Nigeria

SIDI DAUDA BAGE Justice of The Supreme Court of Nigeria


Between

OLUMIDE SEGUN - 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 judgment of the Court of Appeal, Ibadan, delivered on 9th June, 2015 wherein the Court of Appeal, by majority of two to one, affirmed the conviction and sentence of the appellant to life imprisonment for the offence of receiving under Section 5 of the Robbery and Firearms (Special Provisions) Act, Cap R11 Laws of the Federation of Nigeria, 2004, though he was actually charged under Section 6 (a) of the said Act for the offence of aiding and abetting the commission of an offence.

The facts are that the Appellant and one Jamiu Dairo were tried together for armed robbery and aiding the commission of armed robbery. The evidence of the prosecution at the trial showed that the said Jamiu Dairo went to rob PW1 of his car at gun point somewhere in Igbeba Road, Ijebu Ode. During the operation, PW2 was shot by the said Jamiu Dairo. On the following day, Jamiu took the car to another location and then eventually to the appellant to wash the said car. While the appellant was washing the said car, he was arrested by policemen.

Evidence at the trial showed that Jamiu had never known who the appellant was before the said date and all the appellant did was to wash the car before he was arrested. There was no nexus or link between the appellant and the said Jamiu. 

In fact, Jamiu in his evidence before the Court stated that he did not know the appellant and all he did was to approach him to wash the car that was stolen. The appellant being a car wash person decided to do the washing and it was during the washing that he was arrested. Despite all these facts to show that there was no nexus or link between the appellant and the crime, the learned trial Judge found the appellant guilty of receiving stolen property and sentenced him to life imprisonment. Against this conviction and sentence, they appealed to the Court of Appeal which after consideration of the issues raised, affirmed the conviction of the appellant by a majority of two with one dissenting. 

Again, the Appellant was dissatisfied and accordingly appealed to the Supreme Court.

ISSUES:
The Court determined the appeal on the sole issue raised by the Respondent and couched as follows:

"Whether from the entirety of the evidence on record as well as material available, the Respondent as prosecution established the offence of Receiving Stolen Property against the Appellant beyond all reasonable doubt to warrant the appellant's affirmation of conviction and sentence by the Court of Appeal and a dismissal of the Appeal of 7th July, 2015 in its entirety."

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


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