By Jude-Ken Ojinnaka
A Special Offences Court in Ikeja presided over by Justice Olubunmi Abike-Fadipe has sentenced a suspected armed robber Toheeb Korede to seven years imprisonment for illegal possession of firearms and attempted robbery.
Justice Abike-Fadipe passed the sentence in the judgement she delivered in which the court held that the prosecution had successfully proven that the defendant attempted to rob a man.
The Lagos State Government had brought a two-count charge of conspiracy to commit robbery and armed robbery against Korede. The offence is contrary to Sections 299 and 297(2) (a) of the Criminal Laws of Lagos State 2015.
However, Justice Abike-Fadipe held that the prosecution had not successfully proven that Korede conspired to rob the complainant and/or that he successfully robbed the complainant.
Korede was arraigned on November 17, 2020 after the day of the attempted robbery on November 11, 2020. He pleaded not guilty to the charges preferred against him.
The prosecution, led by Adebanke Ogunode, brought the claimant and the Investigating Police Officer (IPO) to testify as witness against the defendant.
During the evidence-in-chief by the claimant, who was the second prosecution witness (PW2), he told the court that he was robbed at night by three men who rode on one motorcycle.
The claimant 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 saw and identified Korede as 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 claimant told the court 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.
However, the judge found that the claimant was not very sure of the number of people who robbed him and that there were contradictions between his witness and that of the IPO.
The judge held that the prosecution had not successfully proven that the defendant conspired to rob the 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, found that the defendant was not completely free of any offence as a pistol was found in his bag.
Justice Abike-Fadipe said that the defendant had a handmade pistol on himself, and intended to rob the complainant but was stopped.
Consequently, the judge convicted Korede of attempted robbery contrary to Section 298(1) of the criminal laws of Lagos State.
The defence counsel, Ayodele Kusamotu, in his allocutus (please for leniency) had asked for a lesser sentence for the convict, while the prosecution asked the judge to use her discretion in sentencing the convict.
While sentencing the defendant, Justice Abike-Fadipe said that the defendant must learn that carrying an unlicensed weapon is a grave offence. She ordered that his sentence shall commence from the day of remand.