Justice Monisola Abodunde of an Ekiti State High Court, sitting in Ado Ekiti has sentenced a 27 year old Babalola Olatomide to life imprisonment for offences bordering on armed robbery and attempted murder.
The charge reads that Babalola Olatomide on the 23rd of January, 2019 at Falegan Estate, Ado Ekiti in Ado Ekiti Judicial Division, did rob one Ajayi Habeeb Bolakale of his phone and laptop, as at the time of the robbery, he was armed with offensive weapon i.e. double barrel pistol, on same day, place and time, did shot same victim with double barrel pistol.
According to the prosecutor, the offences contravene Section 1 (2)(a) of the Robbery and Firearms (special provisions) Act, Cap R11, Laws of the Federation of Nigeria, 2004 and Section 320 of the Criminal Code Law, Cap 16, Laws of Ekiti State of Nigeria, 2012.
In his testimony before the court, the victim said, I came to school in Ado Ekiti from Ogun state. I was with my friend, eating in our room around 9:00 pm, suddenly two boys entered our room, they asked us, ‘’ who among you is bearing Tosin?’’ we said none of us is bearing the name, thereafter, they demanded for our phones and laptops, but we refused to give them, one of them now at large picked my phone and laptop, I tried to hold him, in the process, one of them who held a gun shot me in the leg with double barrel pistol, two times, the one who picked my phone and laptop escaped with it but the one who shot me was overpowered and arrested with the gun.
I was rushed to the Ekiti State University Teaching Hospital, Ado Ekiti for medical attention and treatment, he concluded.
To proof his case, the prosecutor, Barrister Julius Ajibare called five witnesses and tendered one locally made double barrel pistol, one axe, and statements of the defendant among others as exhibits.
The defendant spoke in his own defense through his counsel, Christopher Omokhafe, he called no witness.
Delivering his judgment, Justice Monisola Abodunde said, the evidence before me establishes conspiracy between the defendant and his friends now at large and I so hold.
On the whole, I find the defendant guilty of the offence of conspiracy, contrary to Section 516 A of the Criminal Code Cap 16, Laws of Ekiti State of Nigeria, 2012 and he is equally found guilty of attempted murder, contrary to Section 320 Criminal Code Cap 16, Laws of Ekiti State of Nigeria, 2012.
For conspiracy (count 1) he is sentenced to imprisonment of 7 years, for the offence of attempted murder (count 2), he is sentenced to imprisonment for life. Sentences are to run concurrently.
He is discharged and acquitted for the offence of Armed Robbery, contrary to Section 1 (2) of the Robbery and Firearm Act, Cap C ll, Laws of the Federation of Nigeria, 2004.
