OLUMIDE SEGUN V. THE STATE
(2018) JELR 38993 (SC)
Supreme Court
•
SC.977/2015
•
1 Jun 2018
•
Nigeria
Coram
OLABODE RHODES-VIVOUR JSC
MARY UKAEGO PETER-ODILI JSC
JOHN INYANG OKORO JSC
AMIRU SANUSI JSC
SIDI DAUDA BAGE JSC
Appearances
Oladipo Olasope, Esq. For the Appellant;
Dr. Olumide Ayeni (Attorney General of Ogun State) with him, Deinde Dipe-Olu, Esq. (PSC) For the Respondent.
Judgement
<p><strong>JOHN INYANG OKORO, J.S.C. (Delivering the Leading Judgment): </strong>This is an appeal against the judgment of the Court of Appeal, Ibadan, delivered on 9th June, 2015 wherein the lower Court, by majority of two to one, affirmed the conviction and sentence of the appellant to life imprisonment for the offence of receiving under Section 5 of the Robbery and Firearms (Special Provisions) Act, Cap R11 Laws of the Federation of Nigeria, 2004, though he was actually charged under Section 6 (a) of the said Act for the offence of aiding and abetting the commission of an offence.</p><p>Briefly, the facts giving birth to this appeal are that the Appellant and one Jamiu Dairo were tried together for armed robbery and aiding the commission of armed robbery. The evidence of the prosecution at the trial showed that the said Jamiu Dairo went to rob PW1 of his car at gun point somewhere in Igbeba Road, Ijebu Ode. During the operation, PW2 was shot by the said Jamiu Dairo. On the following day, Jamiu took the car t…</p>