CORAM

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Jimi Olukayode Bada JCA

folasade Ayodeji Ojo JCA

Muhammad Ibrahim Sirajo JCA

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PARTIES

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JOHN ASUQUO

APPELLANTS 

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THE STATE OF LAGOS

RESPONDENTS 

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AREA(S) OF LAW

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Criminal Law

Evidence Law

Constitutional Law

Practice and Procedure

 

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SUMMARY OF FACTS

The appellant, John Asuquo, was convicted by the High Court of Lagos State for conspiracy to commit armed robbery and for armed robbery, both offenses under the Criminal Law of Lagos State, 2011. The robbery took place on July 5, 2015, at No. 2b Lawal Court, Alausa Ikeja, Lagos, where multiple individuals were robbed at gunpoint. Asuquo was alleged to have conspired with others who remained at large. The appellant pleaded not guilty but was convicted on two counts and sentenced to death. Dissatisfied with the verdict, the appellant filed this appeal, challenging the conviction and arguing that the evidence was insufficient to establish his guilt beyond a reasonable doubt.

 

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HELD

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The Court of Appeal dismissed the appeal and upheld the conviction and sentence of death passed on the appellant. The court found that the prosecution had established the essential ingredients of both conspiracy and armed robbery beyond a reasonable doubt. The appellant’s confessional statements were corroborated by the testimonies of the victims, and the defense of alibi was not properly investigated by the police, but this did not displace the overwhelming evidence against the appellant.

 

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ISSUES

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1. Whether the trial court erred in law by convicting the appellant based on uncorroborated confessional statements ?

2. Whether the trial court was right to reject the appellant’s alibi defense without proper investigation by the police ?

3.Whether the prosecution successfully established the essential ingredients of the offenses of conspiracy to commit robbery and armed robbery ?

 

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RATIONES DECIDENDI

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CONSPIRACY TO COMMIT ROBBERY – REQUIREMENTS TO ESTABLISH CONSPIRACY

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“Conspiracy to commit robbery is a distinct offense from the robbery itself. It requires the prosecution to prove that there was an agreement between two or more individuals to commit the crime. The prosecution must show evidence of concerted action, which may be inferred from circumstantial evidence.” – Per Muhammad Ibrahim Sirajo J.C.A.

 

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ARMED ROBBERY – ELEMENTS OF ARMED ROBBERY THAT MUST BE PROVEN

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“For a conviction of armed robbery, the prosecution must establish that there was a theft, that the accused was armed or used an offensive weapon, and that the accused participated in the robbery. The testimonies of the victims regarding the use of firearms, coupled with the recovery of stolen items, were sufficient to meet this standard.” – Per Muhammad Ibrahim Sirajo J.C.A.

 

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CONFESSIONAL STATEMENTS – ADMISSIBILITY AND CORROBORATION REQUIRED

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“A confessional statement can ground a conviction if it is voluntary and truthful. While corroboration is not mandatory, it strengthens the prosecution’s case. In this case, the confessional statements of the appellant were corroborated by the evidence of the victims, thus justifying the conviction.” – Per Muhammad Ibrahim Sirajo J.C.A.

 

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PRESUMPTION OF INNOCENCE – THE DUTY OF THE PROSECUTION TO DISPLACE IT

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“The presumption of innocence is a fundamental right enshrined in Section 36(5) of the Constitution. The prosecution bears the burden of rebutting this presumption through credible evidence. The overwhelming evidence presented by the prosecution in this case displaced the presumption of innocence.” – Per Muhammad Ibrahim Sirajo J.C.A.

 

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ALIBI – THE REQUIREMENT OF THE POLICE TO INVESTIGATE A DEFENSE OF ALIBI

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“Where an accused person raises the defense of alibi, the police have a duty to investigate it. However, the failure to investigate does not automatically lead to an acquittal if there is sufficient evidence linking the accused to the crime.” – Per Muhammad Ibrahim Sirajo J.C.A.

 

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CIRCUMSTANTIAL EVIDENCE – WHEN IT CAN BE SUFFICIENT TO GROUND A CONVICTION

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“Circumstantial evidence, when cogent and compelling, can be sufficient to secure a conviction. The evidence in this case, including the recovery of stolen items and the sequence of events, pointed to the guilt of the appellant.” – Per Muhammad Ibrahim Sirajo J.C.A.

 

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BURDEN OF PROOF – STANDARD REQUIRED IN CRIMINAL CASES

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“The burden of proof in criminal cases is beyond a reasonable doubt. The prosecution in this case met this burden by providing strong, consistent evidence that established the guilt of the appellant.” – Per Muhammad Ibrahim Sirajo J.C.A.

 

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CORROBORATION OF TESTIMONIES – WHEN IT IS NECESSARY TO SUPPORT A CONVICTION

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“While corroboration is not mandatory for every piece of evidence, it is desirable in serious criminal cases such as armed robbery. The testimonies of the victims in this case were sufficiently corroborated by the physical evidence and the confessional statements of the appellant.” – Per Muhammad Ibrahim Sirajo J.C.A

 

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PROOF OF THE USE OF OFFENSIVE WEAPONS IN ARMED ROBBERY

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“In armed robbery cases, the prosecution must prove that the accused used or threatened to use an offensive weapon. The testimonies of the victims in this case confirmed the use of guns during the robbery.” – Per Muhammad Ibrahim Sirajo J.C.A.

 

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CREDIBILITY OF WITNESSES – ASSESSING THE RELIABILITY OF TESTIMONY

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“The credibility of witnesses is a critical factor in determining the outcome of a case. The trial court correctly found the testimonies of the prosecution witnesses credible and reliable, which contributed to the conviction.” – Per Muhammad Ibrahim Sirajo J.C.A.

 

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DEFENSE OF PROPERTY – LIMITS OF THIS DEFENSE IN ROBBERY CASES

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“The defense of property does not extend to justifying armed robbery. The appellant’s argument that he was protecting his property was rejected, as the evidence clearly showed that he engaged in robbery.” – Per Muhammad Ibrahim Sirajo J.C.A.

 

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ADMISSIBILITY OF RECOVERED ITEMS AS EVIDENCE

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“The recovery of stolen items from the appellant was properly admitted as evidence, linking him to the crime. The chain of custody was clearly established, ensuring the integrity of the evidence.” – Per Muhammad Ibrahim Sirajo J.C.A.

 

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APPEALS – GROUNDS FOR ALLOWING OR DISMISSING AN APPEAL

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“An appeal will only succeed if the appellant can demonstrate that the trial court erred in law or fact. In this case, the appellant failed to show any error in the trial court’s judgment, leading to the dismissal of the appeal.” – Per Muhammad Ibrahim Sirajo J.C.A.

 

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CASES CITED

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Not Available

 

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STATUTES REFERRED TO

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Criminal Law of Lagos State 2011

Constitution of the Federal Republic of Nigeria 1999 (as amended)

Evidence Act, 2011

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