AKINWUNMI AJAYI VS FEDERAL REPUBLIC OF NIGERIA & ANOR
March 30, 2025COMMISSIONER FOR AGRICULTURE, ADAMAWA STATE MINISTRY OF AGRICULTURE & ANOR v. GLOBAL INVESTMENT NIG LTD. & ORS
March 30, 2025Legalpedia Citation: (2021-02) Legalpedia 80006 (CA)
In the Court of Appeal
HOLDEN AT LAGOS
Fri Feb 26, 2021
Suit Number: CA/LA/CR/834/2019
CORAM
O. F. OMOLEYE, JUSTICE COURT OF APPEAL
J. S. ABIRIYI, JUSTICE COURT OF APPEAL
F. O. OHO, JUSTICE COURT OF APPEAL
PARTIES
BARNABAS EBIJIMI
APPELLANTS
THE STATE
RESPONDENTS
AREA(S) OF LAW
APPEAL, CRIMINAL LAW AND PROCEDURE, WORDS AND PHRASES
SUMMARY OF FACTS
The Appellant and one other accused person were arraigned before the High Court of Lagos State, in the Lagos Judicial Division, on a two Count Charge of conspiracy to commit armed robbery and armed robbery, offences contrary to Sections 299 and 297 (2) (a) and (b) of the Criminal Law of Lagos State to which they pleaded not guilty. After hearing had commenced, the Appellant applied to the Attorney General of Lagos to be allowed to explore the option of plea-bargaining with the state. The prosecution and the Appellant entered into a “Plea and Sentence Agreement” which was that the Appellant would be charged with the lesser offences of conspiracy to commit robbery and robbery as against the weightier ones for which they were initially charged and he would be charged and be sentenced to fourteen (14) years imprisonment. The charge was accordingly amended and the Appellant pleaded guilty and was sentenced to twenty-one (21) years imprisonment instead of the 14 years imprisonment agreed by the Prosecution and the Appellant. Aggrieved that the plea and sentence agreement was breached, the Appellant approached the Court of Appeal, Lagos Judicial Division, by a Notice of Appeal containing two Grounds of Appeal.
HELD
Appeal Dismissed
ISSUES
Was the court below right in sentencing the Appellant to a prison term of twenty-one years instead of the fourteen years imprisonment agreed by the Respondent and the Appellant.
RATIONES DECIDENDI
VOID AGREEMENT – MEANING OF A VOID AGREEMENT
“An agreement to do a thing which cannot be done without a violation of the law is void. See Attorney-General of Bendel State v. Attorney-General of the Federation (1981) LPECR – 60SSC p.39 – 40. – PER J. S. ABIRIYI, J.C.A
OFFENCE OF CONSPIRACY TO COMMIT ARMED ROBBERY AND ARMED ROBBERY – SECTIONS 299 AND 297 (1) OF THE CRIMINAL LAW OF LAGOS STATE 2015
“Sections 299 and 297 (1) of the Criminal Law of Lagos State 2015 under which the Appellant was convicted provide as follows:
Section 299
“Any person who conspires to commit an offence under Section 296 of this Law whether or not he is present when the offence is committed or attempted to be committed shall be deemed to be guilty of the offence as a principal offender and shall be punished accordingly.”
Section 297 (1)
“A person who commits the offence of robbery shall on conviction be sentenced to imprisonment for not less than twenty-one (21) years.”
CASES CITED
Not Available
STATUTES REFERRED TO
1. Administration of Criminal Justice (Repeal and Re-Enactment) Law of Lagos State
2. Constitution of the Federal Republic of Nigeria, 1999 (as amended)
3. Criminal Law of Lagos State, 2015
