A Lagos High Court sitting in Igbosere, has sentenced two men, Kingsley Baba and Bashiru Musa to 21 years imprisonment each for robbery.
Justice Adedayo Akintoye, who delivered the judgment on Monday, June 15, said the defendants were guilty of the charges.
The convicts were arraigned by the Lagos State Government on a three-count charge bordering on conspiracy and armed robbery.
The sentencing was done by virtual means.
The Judge said the evidences given by the three prosecution witnesses established that a robbery was actually committed on December 8, 2015.
“The evidence before the court substantiated that a robbery took place but not armed robbery.
“In this case there was no eye witness account to the offence of armed robbery as non of the prosecution witnesses saw the defendants with any weapon.
“Section 166 of the Administration of Criminal Justice Law (ACJL) provides that a person charged with an offence can be convicted and punished with another offence as if he was charged with that offence.
“Though the defendants did not take part in armed robbery but took part in robbery, they will be convicted on Section 295(1) and not Section 295(2) of the Criminal Law of Lagos State.
“The question here is whether the defendants took part in the robbery.
“The evidence before the court is that the second defendant (Musa) claimed to be asleep when the robbery took place despite the loud noises.
“I find it hard to believe that the second defendant slept all through the entire commotion, doors were broken and gun shot heard.
“The investigating police officer gave evidence that it was Musa who asked the first defendant (Baba) and others at large that they should try to rob his madam.
“It is my opinion that Musa did act in a manner to enable others to commit robbery.
“Also the confessional statement of the first defendant (Baba) stated that Musa aided in the robbery.
“The prosecution sufficiently linked the second defendant to the commission of the robbery.
“I hold that the second defendant is guilty of robbing Mrs Olutosin Abiola Oshinowo,” Akintoye said.
“To my mind the complicity in the robbery has been established and the conspiracy to commit the robbery has also been established.
“The second defendant Bashiru Musa is found guilty of count two of robbery contrary to Section 295(a) of the Criminal Law of Lagos State 2011 and he is not guilty of count three alone.
“The defendants are hereby convicted.
“I have listened to the plea of leniency made by the counsel to the defendants. However, the law does not allow for discretion on the part of the court for these offences as imprisonment for these offences must not be less than 21 years.
“I, therefore, sentence the first and second defendants on count one to 21 years imprisonment each, less their period of remand.
“The second defendant is sentenced to 21 years imprisonment on count two, less his period of remand. The sentence leveled on the second defendant shall run concurrently.
“On count three the second defendant is found not guilty. This is the sentence of this court,” Akintoye held.
The defendants were arraigned in 2017 and they have been in the custody of the Nigerian Prison Service, now Nigeria correctional centre since 2015 when they were arrested.
The prosecution said the defendant committed the offence on December 8, 2015, at 3:30a.m, at No.10 Samuel Oloje St., Purview Estate, Ajah, Lagos. He said they robbed two people, one Mrs Olutosin Abiola Oshinowo and one Desmond Wester while armed with offensive weapons and stole a laptop, cash, jewellery and an ATM card.
