24th June, 2016
The lead judgment was written by Justice Iyang Okoro but delivered by Justice Clara Ogunbiyi.
Other judges, who agreed with the decision, are Justice Mahmud Mohammed, Justice Suleiman Galadima, Justice Kudirat Kekere-Ekun and Justice Clara Ogunbiyi.
“On the whole, it is my decision that the Court below was right in holding that the trial judge was right to hold that the prosecution proved its case beyond reasonable doubt.
“The Court below was also right to hold that the trial Court appropriately evaluated the evidence led at the trial including the consideration of the defence of the appellant.
“Accordingly, I uphold the conviction of the appellant of the offence of attempted robbery contrary to Section 2(1) of the Robbery and Firearms Act (Supra) as reduced by the Court below,’’ Okoro held.
The judge further said: “I also affirm the sentence of 14 years imprisonment imposed on the appellant.
“There is no appeal against the commencement date of the sentence and I shall leave it at the March 7, 2003 as decided by the Court below.
“The appeal is hereby dismissed,’’ Okoro said.
The appeal was against the judgment of the Court of Appeal in Ibadan delivered on Nov.24,2010 where the Court upheld the conviction and sentence of the appellant by the Ogun State High Court sitting at Ijebu-Ode.
The trial High Court in its Oct.12, 2005 judgment convicted and sentenced Lawal to five years for conspiracy to commit robbery.
He was also slammed life imprisonment for the offence of attempted armed robbery contrary to Section 5(b) and 2((2)(b) of the Robbery and Firearms Act Cap. 398.
The above Sections are provisions of the Laws of the Federation of Nigeria 1990 (as amended) respectively.
The judge, however, said at the Court of Appeal, the convict’s sentence was altered to a lesser offence of attempted robbery as against attempted armed robbery.
In the light of this, the sentence was substituted with a 14 years imprisonment to run from the time of the appellant’s arrest on March 7, 2003.
The judge held that the evidence of the respondent as deduced from the record showed that the prosecution witness, Segun Kehinde was at all material times a commercial motor-cyclist at Ikenne in Ogun State.
According to the judge, Kehinde has plied his motor-cycle on March 7, 2003 looking for passengers.
The appellant (Lawal) and his friend, one Ahmed Olatidoye paid him the sum of N100 to transport them from Ikenne to Aiyepe.
At a stage into the journey, the appellant complained that his pair of shoes had fallen.
The prosecution witness (Kehinde) said he turned back to the spot for him to pick up the shoes.
According to him, as soon as he stopped the motorcycle, the appellant’s friend punched him in his face.
He further testified that both Lawal and his friend started to beat him and in the process he fell off his motor-cycle.
The judgment held that the convict and his friend struggled to snatch the motorcycle from their victim.
The record of the Court had shown that the convict had at a point pulled out his pistol hidden inside his shirt and aimed it on their victim to fire but it failed to fire.
The testimony of the prosecution witness had further alleged that the convict’s friend had urged him to hit the pistol butt on his (Kehinde) head.
Kehinde averred that the effect of the pistol pushed him near to unconsciousness.
He added that he was dragged to a bush by the road side while the convict continued to pound the pistol on his head.
He said the pistol butt gave way by breaking into pieces before he eventually stopped.
The convict’s version of the story was that in the course of the journey, Kehinde demanded additional payment of N20 to the fare to make for the effect of their weight on the motor-cycle.
Lawal in his defence said they had to argue with him for some time as they refused to pay the additional amount.
He said the prosecution witness had at that point demanded for the N100 earlier agreed but that they (Lawal and friend) insisted the money would be given at their destination.
The convict alleged that just about three poles to their destination, Kehinde stopped the motor-cycle and insisted that payment of N120 be made.
According to him, the argument heightened leading the prosecution witness to boast of his O.P.C status to deal with them.
The convict further said Kehinde immediately pounced on him and held him on the collar of his shirt.
Lawal also said Kehinde went on to hit him on his chest with fist blows.
According to him, he retaliated like-wise and fight ensued.
He said an elderly man pushing his bicycle towards Aiyepe saw them and stepped in to separate the fight.
He further said that at no point was a pistol used, adding that he was not in possession of a pistol let alone used it to hit his head.