IN THE HIGH COURT OF JUSTICE OF KWARA STATE
IN THE ILORIN JUDICIAL DIVISION
HOLDEN AT ILORIN
ON TUESDAY THE 16TH DAY OF SEPTEMBER, 2014
BEFORE HIS LORDSHIP: –
HON. JUSTICE I.A. YUSUF……….…….….………….. JUDGE
SUIT NO. KWS/37C/2011
BETWEEN:
THE STATE ……………….……………….. COMPLAINANT
. TAOHEED LAMIDI OLAYODE )
2. FADH KAMALDEEN ) ………… ACCUSED
3. SEGUN OLAIYA )
4. AKIN ) ………………. AT LARGE
Pursuant to leave granted to the prosecution by this court on 14/06/2011, the accused persons were arraigned in court on 16/06/2011 on a 13 count charge which reads thus:
Count One: That you Taoheed Lamidi Olayode, Fadh Kamaldeen along with Segun Olaiya and one Akin now at large on or about 4th day of May, 2011 at Peculiar Star Supermarket, Oloruhnshogo Area, Ilorin, Kwara State within the jurisdiction of this Honourable Court conspired together to commit an illegal act to wit; dispossessed one Edun Olulemibola Olusegun and other staff of Peculiar Grace Supermarket of the sum of N175,705.00, two Red Door Perfumes valued at N12,600, 360 Penny Ellis Perfume valued at N13,000, one Blackberry curve, two handset valued at N37,000.00 one Nokia 2360 handset valued at N15,000.00 one Nokia X2 valued N15,000.00, one KIA Rio car with Registration No. Lagos DL 850 LSD valued at N1,705,000.00 and you thereby committed an offence punishable under section 6 (a) of the Robbery and firearms (Special Provision) Act, LFN 2004.
Count Two: That you Taoheed Lamidi Olayode, Fadh Kamaldeen along Segun Olaiya and one Akin now at large on or about 4th day of May 2011 at Peculiar Grace Supermarket, Olorunshogo Area, Ilorin, Kwara State within the jurisdiction of this Honourable Court while armed with gun and other dangerous weapon dispossessed one Edun Olumibola Olusegun and other staff of Peculiar Grace Supermarket of the sum of N175,705.00, two Red Door Perfumes valued at N12,600, 360 Penny Ellis Perfume valued at N13,000, one Blackberry curve, two handset valued at N37,000.00 one Nokia 2360 handset valued at N15,000.00 one Nokia X2 valued N15,000.00, one KIA Rio car with Registration No. Lagos DL 850 LSD valued at N1,705,000.00 and you thereby committed an offence punishable under section 1 (2) (a) and (b) of the Robbery and firearms (special provision) Act, LFN 2004.
Count Three: That you Taoheed Lamidi Olayode, Fadh Kamaldeen along with Segun Olaiya and one Akin now at large on or about 12th day of April 2011 at Food and Nut Supermarket, Taiwo Road, Ilorin, Kwara State within the jurisdiction of this Honourable Court conspired together to commit an illegal act to wit, dispossessed one Basil Ani, Dr. Mohammed Jamiu Adeyi of the sum of N23,000.00, N400,000.00 respectively, one Blackberry handset valued at N75,000.00 and LG handset valued at N21,000.00 and you thereby committed an offence punishable under section 6 (a) of the Robbery and firearms (Special Provision) Act, LFN 2004.
Count Four: That you Taoheed Lamidi Olayode, Fadh Kamaldeen along with Segun Olaiya and one Akin now at large on or about 12th day of April, 2011 at Food and Nut.
Sentence: The penalty for each of the offenses which each of the convicts was found guilty if mandatory death sentenced by virtue section 1 (2) (a) and (b); section 6 (a) of the Robbery and Firearms (Special Provision) Act, Cap R11 laws of the Federation of Nigeria, 2004 and section 221 of the Penal Code law with no accretion given to the court and no room for allocutus.
On each of counts 1, 2, 3, 4, 9, 10 and 11, I hereby sentence you Taoheed Lamidi Olayode to death.
On each of counts 1, 2, 3 and 4, I hereby sentence you Fadh Kamaldeen to death.
In accordance with section 23 of the Criminal Procedure Code, I direct that you Taoheed Lamidi Olayode and Fadh Kamaldeen should be hanged by the neck until you are dead, May God have mercy on your souls.
The convicts have the right of appeal to the Court of Appeal within 90 days.
Appearances:
J.A. Mumini, D.P.P. with S.G. Mohammed (Mrs.) SC1 and A.V. Adeyemi-Lawal (Mrs.) SC1 for the State.
A.I. Temim with B.A. Olokoba, S.A. Ayipo and R.A. Olatunji (Mrs.) for the first accused person.
B.R. Gold with K.L. sakariyah, T.A. Ahmed and F.F. Salman (Mrs.) for the second accused person.
HON. JUSTICE I.A. YUSUF
JUDGE
16/09/2014.
