Judgment
ONYEKACHI AJA OTISI, J.C.A. (Delivering the Leading Judgment): This appeal was brought by the Appellant against the judgment of the High Court of Ogun State, Ijebu Ode Judicial Division, sitting at Ijebu Ode delivered on August 20, 2020 Coram A. A.
Babawale, J. in which the Appellant was convicted and sentenced to death by hanging on two count charges of: a) CONSPIRACY TO COMMIT ARMED ROBBERY contrary to Section 21(b) and punishable under Section 16(1) (a) & (b) of the Prohibition of Forcible Occupation of Landed Properties, Armed Robbery, Kidnapping, Cultism and Other Anti Violence and Other Related Offences Law of Ogun State, 2016.
PARTICULARS OF OFFENCE ADELAJA TIMIDAYO on or about 15th day of August, 2017 at about 19:30 hours at Ikoto area, Ijebu-Ode in the Ijebu-Ode Judicial Division conspired with another now at large to commit Armed Robbery. b) ARMED ROBBERY contrary to and punishable under Section 16(1) of the Prohibition of Forcible Occupation of Landed Properties, Armed Robbery, Kidnapping, Cultism and Other Anti Violence and Other Related Offences Law of Ogun State, 2016.
PARTICULARS OF OFFENCE ADELAJA TIMIDAYO (M) on or about the 15th day of August, 2017 at about 19:30 hrs at Ikoto ara, Ijebu-Ode in the Ijebu-Ode Judicial Division while armed with cutlass robbed one Julius Monday of his Bajaj Motorcycle with Reg. No. LAR 239 WM, the sum of N75, 000, a Techno phone and a pair of shoes.
Upon arraignment, the Appellant pleaded not guilty. At the trial, the Respondent called one witness, who was the complainant, in proof of its case, while the Appellant gave evidence for himself and thereafter closed his case. PW1, a commercial motorcyclist, testified that on 15/9/17, he picked up the Appellant, who was known to him, and one other person, as passengers from Okunowa to Ikoto. At Ikoto, the other passenger put dried pepper and soap into his eyes while he was still on his motorcycle. Consequently, they all fell on the ground.
The same passenger made away his motorcycle while the Appellant macheted him with a cutlass. PW1 said he then engaged the Appellant in a fight. PW1 gave the time that the incident took place as between the hours of 8pm and 9pm. Men from a Vigilante group in the area intervened and took them both to Igbeba Police Station where the Appellant was detained while PW1 left for the hospital. PW1 further said he was also robbed of his Techno Phone and gave the registration number of his motorcycle as LAR 239 WM.
