Judgment
FOLASADE AYODEJI OJO, J.C.A. (Delivering the Leading Judgment) : The instant appeal is against the judgment of the High Court of Justice Oyo State sitting in Ibadan in SUIT NOS: I/103C/2016 BETWEEN: THE STATE AND (1) HAMMED ALANI (2) WAHAB LATEEF (3) ABIOLA IFEDAYO delivered on the 25th day of June, 2021.
The Appellant who was the 2nd Defendant at the trial Court was along with two others arraigned, tried and convicted on a two Count Charge of Conspiracy to commit Armed Robbery contrary to Section 6(b) of the Robbery and Firearms (Special Provisions) Act Cap R.11 Vol. 14, Laws of the Federation of Nigeria and punishable under Section 1(2)(a) of the Robbery and Firearms (Special Provisions) Act Cap R.11 Vol. 14, Laws of the Federation of Nigeria, 2004.
A summary of facts leading to this appeal is that the Appellant, his co-defendants and some others now at large while armed with about three cut-to-size locally made pistol robbed one Toyin Olasunkanmi (PW1) at her shop where she sells cement and carted away some of her valuables including money. The Appellant and his gang members also robbed one Badmus Mohammed Taorid Olaseu PW2 at gunpoint and went away with valuables such as laptops, phones and other items he sold.
In its judgment at page 110 of the record, the trial Court concluded as follows: “From the foregoing therefore, I resolve the two issues in favour of the prosecution and I hold that the prosecution has proved the guilt of the Defendants beyond reasonable doubt and I convict them of Conspiracy to commit Robbery and Armed Robbery. Furthermore, each of the Defendants is sentenced to 10 years imprisonment on the 1st count of conspiracy and 10 years imprisonment on the 2nd count of crime.
The two terms are to run concurrently.” Dissatisfied with the judgment, the Appellant filed a Notice of Appeal on 13th August, 2021 (See pages 111-117 of the Record). The Record of Appeal was transmitted on the 27th of September, 2021. The Appellant transmitted Additional Record of Appeal on 6th January, 2022 which was deemed as properly compiled and transmitted on the 26th of January, 2022.
Parties filed their respective Briefs of Argument as follows: 1) Appellant’s Brief of Argument settled by Olusola Olorunfemi Esq., was filed on the 9th of November, 2021. 2) Respondent’s Brief of Argument settled by Yusuf Olatunji Ogunrinde was filed on 9/12/2021. On the 26th of January, 2022 when this appeal was argued, learned counsel representing both parties adopted and relied on their respective Briefs of Argument. While Appellant’s Counsel argued in favour of allowing the appeal that representing the Respondent submitted in favour of its dismissal.
