IN THE HIGH COURT OF JUSTICE OF KWARA STATE OF NIGERIA
IN THE HIGH COURT OF JUSTICE OF ILORIN
JUDICIAL DIVISION
HOLDEN AT ILORIN
ON FRIDAY THE 24TH DAY OF JUNE, 2016
BEFORE HIS LORDSHIP:
THE HON. JUSTICE M. O. ADEWARA: JUDGE
SUIT NO KWS/31C/2011
BETWEEN:
THE STATE ………………………}COMPLAINANT
AND
ABDULRAHEEM ADEMOLA YUNUSA …… }ACCUSED PERSON
JUDGEMENT
The accused, Abdulraheem Ademola Yunusa is standing trial on a two count charge of conspiracy to commit an illegal act and armed robbery contrary to SS. 6 (b) and 1 (2) of armed robbery and fire arms (special provision) Act Cap R11, Laws of the Federation of Nigeria, 2004. On 17/10/2012, the prosecution by an application, sought to amend the charge and join one Mufutau Safi as co-accused for an offence of receiving stole property viz. Mercedes Benz Jeep 320 with Registration No. LAGOS EA 55 LSR property of Alhaji Sheu Dan-Imam. Contrary to S. 317 of Penal Code. The accused pleaded not guilty to both counts while Mufutau Safi also pleaded not guilty to the 3rd count of receiving stolen property. However, after the 1st accused, Abdulraheem Ademola Yunusa has closed his defence and it was the turn of Mufutau Safi to enter his defence, he was no where to be found. The DPP later informed the court on 11/1/2016 that the said Mufutau Safi has been reportedly killed in Lagos by the SARS i.e. (Special Anti-Robbery Squad). And so, the charge against Mufutau Safi was dropped while the prosecution continues with the accused before the court. The prosecution in its bid to establish the case against the accused called 9 witnesses and tendered 34 items and 2 documents as Exhibit 1-34 and A and B respectively. The accused for his part gave evidence on oath as DW.3 and called three (3) other witnesses while the prosecution tendered the statement of DW. 1 as Exhibit D1. The prosecution’s case is that on 17/11/2010, a date after Meya festival in the morning, Alhaji Shehu Dan-Imam (PW.2) was in his house at Gbagba-Oke-Odo, Airport Road, Ilorin together with members of his family when he heard a knock at his gate. When the gate was opened, it was the accused and one other armed with gun.
The accused threatened to kill him and members of his family if they dared to shout. Thus, the accused collected the 2 phones and N10,000.00 belonging to Alhaji Shehu Dan-Imam while he said it is not enough. He later turned to the wife of PW.2, who led him into her room. She gave her gold neck chain to the accused but the accused still said it is not enough. He requested for the laptop of the complainant’s daughter and same was released to him. The accused came out of the room and requested for the key to the Mercedes Benz Jeep of the complainant and again it was given to him while he drove away the car with all the properties stolen from them. After the accused had left, the matter was reported to the police and few weeks later the accused was traced to Peace Hotel at Adewole, Ilorin where he was arrested. In his defence on oath, the accused denied that he committed the alleged offences. According to him, he was in his house at Adewole on 17/11/2010 between 9.00am and 10.am. Later, he said, he left for his family house at Kuntu Area to join other member of the family in a special prayer, while he got back to his house at Adewole around 11:30am. He said he did not go out to anywhere other than the family house at Kuntu on that day. He said it was not until 11/12/2010 at about 11:00am that he was arrested by the police at Adewole Peace Guest House. At the close of his defence, counsel on both sides filed their respective written addresses and adopted same on 21/4/2016. In his final written address dated and filed on 8/2/2016, Taiye Oniyide, counsel for the accused formulated three (3) issues for determination viz:
1. Whether the prosecution proved the ingredients of the armed robbery against the accused person.
2. Whether the prosecution proved the ingredients of criminal conspiracy against the accused person; and
3. Whether the prosecution proved its case beyond reasonable doubt to warrant the judgment of this hon. Court in their favour.
…I am of the view that the evidence led by the prosecution in this case is direct that they know the accused as the robber who robbed them on 17/11/2010 because he was not masked and also that the robbery operation occurred in a broad day light around 9.00am. I am not unmindful of the submission of learned DPP that from Exhibit A, it was clear that the Mercedes Benz Jeep stolen from the PW.2 during the robbery operation was disposed by the accused person to the 2nd accused who’s now reportedly killed by the SARS in Lagos. I am however on the same page with learned counsel to the accused that Exhibit A being statement of the co-accused, different form his evidence on oath is inadmissible against the accused person. The case of: ADEBOWALE V.S STATE (2013) 15 NWLR (PT. 1379) 104 X 737. cited by learned counsel to the accused has argued that some caution need to be taken in accepting the testimonies of PW.4 and PW.6 because of the blood relationship with the PW.2.
It is instructive to state that hwoever that relationship by blood without more cannot be tantamount to a disqualification from being a prosecution witness.
See: OGUOHZEE VS. THE STATE (1998) 4SC. 110 X 138.
On the whole, I hold that the prosecution has proved the offence of armed robbery against the accused beyond doubt. I hereby find him guilty of the offence as charge and I accordingly convict him.
HON. JUSTICE M.O. ADEWARA
JUDGE
24/6/2016
Sentence
The punishment for armed robbery is as stipulated by law.
I therefore have no choice in the matter.
Accordingly, I sentence the accused to death by hanging.
HON. JUSTICE M.O. ADEWARA
JUDGE
24/6/2016
