Before Their Lordships
IBRAHIM TANKO MUHAMMAD Justice of The Supreme Court of Nigeria
MUHAMMAD SAIFULLAHI MUNTAKA-COOMASSIE Justice of The Supreme Court of Nigeria
NWALI SYLVESTER NGWUTA Justice of The Supreme Court of Nigeria
OLUKAYODE ARIWOOLA Justice of The Supreme Court of Nigeria
CLARA BATA OGUNBIYI Justice of The Supreme Court of Nigeria
Between
SUNKANMI ADEBESIN –Appellant
AND
…………………….A…………………….
NWALI SVLVESTER NGWUTA, J.S.C. (Delivering The Leading Judgment): Appellant was charged with, tried and convicted of, the offence of attempted robbery contrary to the provision of S.2 (1) of the Robbery and Firearms (Special Provisions) Act, 1990 (as amended). The Presiding Judge, Shoremi, J (as His Lordship then was) sentenced the appellant to life imprisonment on the 21st day of June, 2005.
Briefly, the Respondent’s case in the trial Court is that the appellant, on 26th September, 2002 by 8.00 p.m. came into the Video rental shop in the Saje Maternity neighbourhood of Abeokuta. Appellant came into the shop with a toy gun and a mask and assaulted the PW1 in an attempt to rob him. Appellant on the other hand said he went to the shop to collect the sum of N250.00 he earlier paid to an unidentified person for a video cassette. He admitted there was a fight between him and the sales boy, the PW1 and that the fight attracted the PW2 who joined in beating him and the PW3, the husband of PW2 and others. He denied the charge of attempted robbery of PW1.
To prove its case, the prosecution called five witnesses. The appellant took the stand in his defence. He said he went to the video shop to recover the fee of N250.00 he paid, that he was abused by the PW1. He said he slapped the PW1 and a fight ensued between the two of them, attracting other people to the scene. He denied wearing a mask, He was not issued a membership card nor was he issued a receipt for the money he paid. He claimed he made his statement under duress and that he did not commit the offence with which he was charged.
He called one other witness, the principal Registrar of the Chief Magistrates Court, Abeokuta, who came under subpoena to tender a certified true copy of Charge No.MA/721C/02 which was admitted and marked Exhibit F. At the end of the trial, the learned trial Judge, Shoremi, J, considered the evidence adduced by each side and addresses of learned Counsel for the parties and came to the conclusion that:
“The accused person to me is not a witness of truth. His evidence in Court is an afterthought.”
