Judgment
YUSUF ALHAJI BASHIR, J.C.A. (Delivering the Leading Judgment): This judgment is in respect of the appeal filed by the Appellant Abbah Micheal against the decision of the Ondo State High Court of Justice Akure Division delivered on the 17th day of January, 2018. The Appellant was the 2nd Defendant charged along with 3 others before Justice W. R.
Olamide by way of an information for the following offences: (1) Conspiracy to commit armed robbery contrary to and punishable under Section 6(b) of the Robbery and Firearms (Special Provision) Act Cap R11 Vol. 14 Laws of the Federation. (2) Conspiracy to commit murder contrary to and punishable under Section 324 of the Criminal Code Cap 37 Laws of Ondo State 2004. (3) Armed robbery contrary to Section 1(2)(b) of the Robbery and Firearms (Special Provision) Act Cap R11 Vol. 14 Laws of the Federation. (4) Murder contrary to Section 316 and punishable under Section 219 of the Criminal Code, Cap 37, Vol. 1 Laws of Ondo State of Nigeria, 2006.
The fifth count which deals with receiving stolen property concerns only the 4th defendant Mr. Adeniyi Friday who was discharged and acquitted at the trial while the Appellant and two others; 1st and 3rd Accused Persons were found guilty convicted and sentenced to death by hanging.
The facts upon which the case was founded leading to the trial and conviction of the Appellant is that on the 31st day of August, 2013, the Appellant along with 2 others namely: (1) Olowodagba Tosin (2) Ameh John, that the 3 of them conspired together while being armed with a gun and other dangerous weapons along Bolorunduro-Ogbese road robbed one Pc. Edema Omoniyi of an unregistered Honda motorcycle who was shot and killed in the process of the robbery.
At the end of a full scale trial where two witnesses testified for the prosecution and 7 for the defence, the Learned Trial Judge in a considered judgment found the Appellant guilty as charged convicted and sentenced him thus: “You Abbah Michael, the sentence of the count on you is that you be hanged by the neck until you be dead may the Lord have mercy on your soul.” This appeal is therefore against the above verdict. The Notice of Appeal containing 6 Grounds of Appeal was filed on 12th July, 2021 after obtaining leave for extension of time within which to appeal from this Court.
