Appeal Court dismisses robbery case

By Robert Egbe

The Court of Appeal sitting in Ibadan has dismissed an appeal by Mr Samuel Okunaya challenging his conviction for conspiracy to commit armed robbery by an Ogun State High Court, Abeokuta.

The judgment was delivered by a three-man panel comprising Justice Haruna Simon Tsammani, Justice Nonyerem Okoronkwo and Justice Folashade Ayodeji Ojo.

The lower court in a December 2016 judgment convicted Okunaya of the offence and sentenced him to 14 years’imprisonment with hard labour.

Dissatisfied with the judgment in the suit marked AB\11R\2016, the appellant through his counsel, Mr. Oluwole Kehinde, filed a notice of appeal on three grounds.

He contended that the prosecution had a duty to establish the offence charged in tandem with the law before it can secure conviction.

He further argued that the appellant’s extra judicial statement did not constitute a confessional statement.

“The appellant did not confess to giving information to DW (Defence Witness)1, DW2 and others at large on the instant charge and, therefore, his conviction by the trial court is erroneous,” the appellant said.

The respondents, however, submitted that “the trial court rightly inferred and connected the facts together when it relied on exhibit 3 as well as the evidence of PW1 to PW5 to arrive at the irresistible conclusion that the appellant conspired with others to commit the crime.”

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But dismissing the appellant’s case, the appeal court held that “it is clear that what constitutes a confessional statement is a matter of fact and not law.

“A trial court thus has a duty to scrutinize the extra judicial statement made by an accused person to ascertain whether he has in direct, positive and equivocal terms admitted the commission of the offence which he was charged.”

The court further held that the trial judge, who saw, heard and watched the demeanor of the witness, believed the evidence of PW3 and PW4 and concluded that the real intent of the appellant during his visit to the locus criminis (a place where the crime was committed, scene) was to spy for his gang.

The court further held that the respondent proved the offence of conspiracy against the appellant beyond reasonable doubt and consequently dismissed the appeal for lacking in merit.

“I hereby dismiss the appeal and affirm the judgment of Ogun State High Court sitting in Abeokuta.