Metro & Crime

Two men bag 21 years for robbery

Justice Adedayo Akintoye of a Lagos High Court sitting at Igbosere yesterday sentenced two men to 21 years imprisonment for robbery.
The convicts, Kingsley Baba and Bashiru Musa, were found guilty by the judge of robbing their boss, Mrs. Olutosin Abiola Oshinowo, at her residence in Ikoyi, Lagos on December 8, 2015.
The duo were arraigned in 2017 by the Lagos State government on a three-count charge bordering on conspiracy and armed robbery.
They, however, denied the charge and were subsequently remanded at the Ikoyi Correctional Centre following which trial was commenced by the prosecution.
In her judgement through virtual proceedings, Justice Akintoye held that the evidence of three prosecution witnesses established that a robbery was committed on December 8, 2015.
She said: “The evidence before the court substantiated that a robbery took place but not armed robbery. In this case, there was no eyewitness account to the offence of armed robbery as none 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.
“If a defendant did not take part in armed robbery but took part in robbery, he 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 found it hard to believe that the second defendant slept all through the entire commotion, doors were broken and gunshots 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.
“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.”
In his plea for leniency, the defendants’ lawyer, Ahmad Adetola-Kazeem, urged the court to temper justice with mercy because his clients were first-time offenders.
In sentencing the convicts, Justice Akintoye said: “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 imprisonment.
“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.”




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