Judgment
YARGATA BYENCHIT NIMPAR, J.C.A. (Delivering the Leading Judgment): The Respondent arraigned the Appellant and another for armed robbery and conspiracy. Trial went on and at the end, the trial Court found that the Respondent proved its case. This appeal is against the decision of the High Court of Ogun State sitting in Abeokuta and delivered by HON. JUSTICE P. F.
ODUNIYI on the 20th May, 2020 in Suit No.: AB/21R/2017 wherein the lower Court found the Appellant guilty and convicted the Appellant and the 2nd Accused person on counts (i), (ii) and (iii) of the information sheet and sentenced him to death by hanging under Section 6(b) of the Armed Robbery and Firearms (Special Prohibition) Act. The Appellant dissatisfied with the decision, filed a Notice of Appeal dated on 7th August, 2020 setting out 16 grounds of appeal. Facts leading to this appeal are straightforward and amenable to brief summary.
The Appellant along one Abdullahi Ogundijo (2nd Accused) were arraigned on the 26th October, 2017 on a five count charge of conspiracy and armed robbery contrary to Section 6 (b) and 1(2)(a) of the Robbery and Firearms (Special Provisions) Act, Cap 11, Laws of the Federation of Nigeria, 2004.
The Information reads: 1. MONSURU MUKAILA (M) 2. ABDULLAHI OGUNDIJO (M) Are charged with the following offences: STATEMENT OF OFFENCE – 1ST COUNT Conspiracy to commit Armed Robbery, contrary to Section 6(b) and punishable under Section 1(2)(a) of the Robbery and Firearm (Special Provision) Act Cap R.11 Laws of the Federation of Nigeria, 2004. PARTICULARS OF OFFENCE MONSURU MUKAILA (M) and ABDULLAHI OGUNDIJO (M) and others now at large on or about 25th day of January, 2017 at Pentagon Estate, Kajola Village in the Abeokuta Judicial Division conspired to commit Armed Robbery.
STATEMENT OF OFFENCE – 2ND COUNT Armed Robbery contrary to Section 1(2)(a) of the Robbery and Firearm (Special Provision) Act Cap R.11 Laws of the Federation of Nigeria, 2004. PARTICULARS OF OFFENCE MONSURU MUKAILA (M) and ABDULLAHI OGUNDIJO (M) and others now at large on or about 25th day of January, 2017 at Pentagon Estate, Kajola Village in the Abeokuta Judicial Division while armed with gun robbed a site belonging to one Mrs.
