For
robbing a woman of ₦50,000 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 ₦50,000 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 unmeritorious.
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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