Three to die for armed robbery, ally jailed 10 years
An Ekiti State High Court, Ado Ekiti Division has sentenced three persons, Oyebanji Sola, Jimoh Azeez and Ogunlade Babatunde, to death by hanging for armed robbery.
The court also, on Monday, sentenced 28-year-old Babalola Bidemi to 10 years imprisonment for receiving stolen goods.
It, however, discharged and acquitted another, 26-year-old Akinwale Oluwaseun, of all the charges for being innocent.
The five defendants were arraigned on January 30, 2020, on five counts bordering on conspiracy, armed robbery, receiving stolen properties and membership of a secret cult.
According to the charge, “the defendants, Babalola Bidemi (28); Akinwale Oluwaseun (26); Oyebanji Sola (31); Jimoh Azeez (31) and Ogunlade Babatunde (28) on October 3, 2018, at Oke Oniyo Street, Ado Ekiti within the jurisdiction of this honourable court did conspire to commit felony, to wit; armed robbery.
“The defendants on the same date did rob Tijani Omowumi and Ogunrinde Olumide of their phones, Plasma television, wristwatch, necklace, shirts, trousers, shuttle bag, and cash sum of N5,000 among others.
“As of the time of the robbery, they were armed with a big stick, club, stone, cutlasses and gun. The offences are contrary to Sections 6(b), 1(2)(a) of the Robbery and Firearms (Special Provisions) Act, Cap.RII, Vol. 14, Laws of the Federation of Nigeria, 2004 and Section 4(1) of the Secret Cults (Abolition and Prohibition) ( First Amendment) Law, No. 6 of 2017.”
In her statement to the police, one of the victims said two men holding a stick and cutlass attacked her in her room, slapped and beat her with a stick and took away her Plasma television, phones, bag, N5,000 cash and others.
The victim stated that the two dragged her out with the intention to rape her but were discouraged by another member of the gang following which she went to the police station the following day to make a formal report.
To prove his case, the prosecutor, Dolapo Oyewole, called five witnesses and tendered defendants’ statements, phones, wraps of Indian hemp, motorcycle with ignition among others as exhibits.
The defendants spoke in their defence through their respective lawyers and called two witnesses.
Adeyinka Opaleke, who was counsel for Akinwale Oluwaseun, in his submission, proved his innocence of the alleged offence.
In his judgment, Justice Lekan Ogunmoye said, “In all, the sole issue for determination is resolved in part in favour of the prosecution. I accordingly order as follows: the first defendant (Babalola Bidemi), though a first offender, was the one who encouraged the offence of armed robbery, in that he knew that the item received by him was a product of armed robbery. His sentence should serve as a deterrent. He is accordingly sentenced to 10 years imprisonment.
“The second defendant, Akinwale Oluwaseun, is discharged and acquitted in all the charges, while the 3rd, 4th and 5th defendants Oyebanji Sola, Jimoh Azeez and Ogunlade Babatunde, are found guilty as charged. They are hereby sentenced to death by hanging,” the judge ordered.
