For
robbing a woman of N50,000 at gun point, the trio of Kayode Babarinde,
Akeem Haruna and Yusuf Nurudeen must die by hanging so held yesterday by
the Supreme Court.
In a unanimous judgment five justices
of the court upheld the concurrent judgment of both the Kwara State High
Court and the Ilorin Division of the Court of Appeal.
The
three convicts were charged before the Kwara state High Court in Ilorin
on a two-count charge of conspiracy to commit armed robbery and armed
robbery contrary to section 97 of the Penal Code and Section 1(2) of the
Robbery and Firearms (Special Provisions) Act Cap. R 11 Laws of the
Federation of Nigeria.
They were alleged to
have robbed one Mrs Ruth Alabi of the sum of N50,000 while armed with a
locally made pistol on 18/8/2007 at Baba Oloya Street, Jebba.
Each of the accused persons pleaded not guilty to each count of the charge.
The prosecution called three witnesses and tendered exhibits while the
appellants each testified on their own behalf and called no witness.
At the conclusion of trial, the high court on 26/9/09 found each of the
accused persons guilty as charged on each of the counts.
They were sentenced to two years of imprisonment on the count of
conspiracy and death by hanging on the count of armed robbery.
However, they were dissatisfied with their conviction and sentence and
appealed to the Court of Appeal in Ilorin. The Court of Appeal also
dismissed their appeal.
Still dissatisfied, they appealed to the Supreme Court.
In a lead judgment delivered by Justice Kudirat Kekere-Ekun, she dismissed the appeal after finding it to be unmeritorous.
She said: "I find no reason to disturb the said finding and conclusions
of the lower court. In effect the appeal lacks merit and is hereby
dismissed."
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