Judgment
ABDU ABOKI, J.S.C. (Delivering the Leading Judgment): This appeal emanated from the judgment of the Court of Appeal, Lagos Division (hereafter called the “Court below”) delivered on 9th of June, 2016, wherein the Court below set aside the judgment of the trial High Court of Lagos State, holden at Ikeja, which convicted the Respondent for the offence of conspiracy to commit robbery, and sentenced him to 21 years imprisonment, with hard labour.
The Respondent was charged along others, at the trial Court, as follows: STATEMENT OF OFFENCE – 1ST COUNT Conspiracy contrary to Section 403A of the Criminal Code Law, Cap C17, Vol. 2, Laws of Lagos State 2003. PARTICULARS OF OFFENCE Abraham Abiodun ‘m’, Michael Fafuru ‘m’ and Abiodun Akinbami ‘m’, on or about the 11th day of June, 2006, along Ikorodu Road, by Palmgrove Bus Stop, in the Ikeja Judicial Division, conspired together to commit Robbery. STATEMENT OF OFFENCE – 2ND COUNT Robbery contrary to Section 402(1) of the Criminal Code Law, Cap C17, Vol. 2, Laws of Lagos State 2003.
PARTICULARS OF OFFENCE Abraham Abiodun ‘m’, Michael Fafuru ‘m’ and Abiodun Akinbami ‘m’, on or about the 11th day of June, 2006, along Ikorodu Road, by Palmgrove Bus Stop, in the Ikeja Judicial Division, robbed Kayode Babalola of his Siemens A55 phone. STATEMENT OF OFFENCE – 3RD COUNT Robbery contrary to Section 402(1) of the Criminal Code Law, Cap C17, Vol. 2, Laws of Lagos State 2003.
PARTICULARS OF OFFENCE Abraham Abiodun ‘m’, Michael Fafuru ‘m’ and Abiodun Akinbami ‘m’, on or about the 11th day of June, 2006, along Ikorodu Road, by Palmgrove Bus Stop, in the Ikeja Judicial Division, robbed Abak Noah Quincy of his Sender phone. STATEMENT OF OFFENCE – 4TH COUNT Robbery contrary to Section 402(1) of the Criminal Code Law, Cap C17, Vol. 2, Laws of Lagos State 2003.
PARTICULARS OF OFFENCE Abraham Abiodun ‘m’, Michael Fafuru ‘m’ and Abiodun Akinbami ‘m’, on or about the 11th day of June, 2006, along Ikorodu Road, by Palmgrove Bus Stop, in the Ikeja Judicial Division, robbed Macualy Busayo of his phone, MP3 player and wrist. STATEMENT OF OFFENCE – 5TH COUNT Robbery contrary to Section 402(1) of the Criminal Code Law, Cap C17, Vol. 2, Laws of Lagos State 2003.
