Kemisola Oye
JUSTICE Olubunmi Abike-Fadipe of a Lagos Special Offences Court, Ikeja earlier today sentenced a man, Toheeb Korede, to seven years imprisonment for illegal possession of a firearm.
The judge handed down the sentence after the defendant was found guilty of attempting to rob a man at Jakande Bus Stop in the Eti-Osa area of Lagos State.
The state government had brought a two-count charge bordering on conspiracy to commit robbery and armed robbery, contrary to sections 299 and 297(2) (a) of the Criminal Laws of Lagos State 2015, against the defendant.
However, while delivering judgment Justice Abike-Fadipe held that the prosecution had not successfully proved that the defendant conspired to rob the nominal complainant and that he robbed the complainant.
The defendant was arraigned on 17 November 2020, following his arrest on the day of the attempted robbery on 11 November 2020. He pleaded not guilty to the charges against him.
The prosecution counsel, Adebanke Ogunode, during the trial, called the victim and the Investigating Police Officer (IPO) to testify against the defendant.
The judge held that during the examination-in-chief, the nominal complainant, who was the second prosecution witness, told the court that he was robbed in the night by three men who rode on one motorcycle.
He told the court that he was at the Jakande bus stop in the Eti-Osa area of Lagos State where he was looking out for a motorcycle ride home but fell victim to the robbers.
He also told the court that he saw the defendant (Korede) and that he was one of the two who robbed him of his smartphone and a sum of N125,000 with a locally made pistol, while the other was on the motorcycle.
“The witness said that he pushed the defendant to the ground after the robbers had taken his phone while the other two rode away shortly before the police arrived at the scene and made an arrest”.
The judge held that the witness was not very sure of the number of people who robbed him and that there were contradictions between the witness and the IPO.
The judge further held that the testimony of the IPO did not match that of the nominal complainant, noting that the IPO had told the court that the stolen smartphone was brought into the Police station by the complainant, while the nominal complainant said the defendant was the one with the phone at the given time.
As a result of the contradictions, Justice Abike-Fadipe held that the prosecution had not successfully proved that the defendant conspired to rob the nominal complainant and that he robbed the complainant.
She discharged and acquitted the defendant on both counts of conspiracy to commit robbery and armed robbery.
The judge, however, held that the defendant was not completely free of any offence as a pistol was found in his bag.
“The defendant had a handmade pistol on himself. He intended to rob the nominal complainant but he was stopped. I find that the defendant did attempt to rob the complainant. I find that the prosecution has sufficiently proved that the defendant attempted robbery.
“Defendant is hereby convicted of attempted robbery contrary to Section 298(1) of the criminal laws of Lagos State.”
The defendant’s counsel, Mr Ayodele Kusamotu in his allocutus, prayed the court to temper justice with mercy, noting that the defendant was a young man and a first offender.
He urged the court for a lesser sentence for the convict and prayed the court to consider that the defendant had spent some time in incarceration.
The prosecution prayed the judge to use her discretion in sentencing the defendant.
Meanwhile, the defendant pleaded for mercy and told the court, “I have suffered a lot, please help me.”
Pronouncing the sentence, Justice Abike-Fadipe held that the convict’s actions of having an unlicensed gun had consequences.
“The defendant must learn that carrying an unlicensed weapon is a grave offence.”
The judge sentenced Korede to seven years in prison; and ordered his sentence to be counted from the day of remand.
Eighteen-Eleven Media