IN THE HIGH COURT OF JUSTICE OF KWARA STATE
IN THE ILORIN JUDICIAL DIVISION
HOLDEN AT ILORIN
ON THE THURSDAY 24TH MARCH, 2016
BEFORE HON JUSTICE HALIMA SALEEMAN
SUIT NO KWS/42C/2014
1.BIODUN OMOLOYE OLUWASEUN
Three accused persons namely Abiodun Omoloye Oluwaseun, Abdulmalik Abiodun and Akeem Afolabi were charged and arraigned before the Honourable Court for the offences of conspiracy and Armed Robbery contrary t Section 6 (b) and 1 (2) of the Robbery and firearms Act Cap R.11, Laws of Federation of Nigeria 2004.
The prosecution called three witnesses and tendered 7 Exhibits to establish the culpability of the 3 accused persons. Each of the three accused gave evidence to exculpate himself. The exhibits tendered by the prosecution are the double barren pistol as Exhibit P1, confessional statements of the 3 accused persons after scaling through the acid test of admissibility in trial within trial. These are Exhibits P2 – P4. Other exhibits are 3 different applications to prefer charges in the High Court involving the accused in other capital offences before other High Courts within Ilorin Judicial Division.
The prosecutions written address as well as the 2nd accused Counsels written address together with the reply address of the 2nd accused were adopted. The counsel to the 1st and 3rd accuseds only filed his written address without coming to Court to adopt same even when the date of adoption was taken in his presence.
The Court finds acceptable the 3 issues formulated by the 2nd accused Counsel and will adopt them with moderation as issues 3 arising for determination. They are: –
1. Whether the prosecution has proved the offences of criminal conspiracy and armed robbery against the accused persons beyond reasonable doubt.
2. Whether the 2nd accused person was given adequate facilities for the preparation of his defence.
The summary of the prosecution’s case is that on 13/05/2013 at Ilorin along Adewole Estate the three accused persons standing trial before this Court conspired and snatched from the complainant an Honda CR-V Jeep Asch colour with Registration number Kwara KSB 315 AA at gun point around 6:30 – 7pm. The vehicle was taken to Ibadan the same day by the 1st and 3rd accuseds who sold it to one Baba Blessing while the process was shared by the three accuseds.
Criminal conspiracy is simply a consensus ad-idem of two or more people to carry out an illegal act better still; it is an agreement to commit an offence. Armed robbery on the other hand is stealing with threat unimaginable and unexpected which may ripen to actual violence simpliciter The Supreme Court in Asuquo Bassey Vs State, 50 NSCQR 37 at 50 defined Armed robbery to mean stealing with violence used or threatened.
The prosecution’s evidence according to PW1 is that a double barren locally made pistol and the 3 accuseds were brought to his office by the IPO on 30/8/2013 in connection with a case of criminal conspiracy and armed robbery against those accused persons to be registered as exhibits and to which he compiled. He said he also registered this same pistol against the 2nd and 3rd accuseds in connection with another Armed robbery operation. The pistol was put in evidence before this Court as exhibit P1. The witness said he is a competent officer who is very familiar with guns. He testified to the fact that the pistol possesses all the elements of a gun and can discharge pellets. The evidence of PW2 is captivating, she is the victim of the robbery who decided to call a spade a spade and gave a Panoramic picture of what appeared like a drama which permanently deprived her of much cherished Honda CRV vehicle. This is her narration after stating her name and address.
This case once brings into focus the effect of unemployment of our youth who decided to go into robbery due to harsh condition experienced by them. This is fact is shown in the evidence of the 1st and 3rd convicts. Be that as it may, the Section under which the 3 convict were charged does not admit of any exercise of discretion by this Court. The 3 convicts do not even deserve the mercy of this Court in the face of the antecedents of all the convicts.
They constitute social menace to the well being of the society. They instil fear in the mind of their victim and those in the administration of justice as far as this case is concern. The 2nd convict person Abdulmalik Abiodun is an unrepentant criminal. Infact it is an understatement to described him as hardened criminals. They are societal misfit. Their type anywhere in this country should be wiped off to allow the much needed peace and security in the country.
Having said this, the sentence of the Court upon you Abiodun Omoloye Oluwaseun, Abdulmalik Abiodun and Akeem Afolabi is that each of you be hanged by the neck, until you be dead and may the Lord have mercy on your souls.