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 on Monday, further sentenced 28-year-old Babalola Bidemi to 10-year-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 in 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 3/10/2018 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 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 at 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”.
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In her statement to the police, one of the victims said two men holding sticks and cutlasses attacked her in her room, slapped and beat her with the 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 of raping 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 the defendants’ statements, phones, wraps of Indian hemp, and motorcycles with ignition, among others, as exhibits.
The defendants spoke in their own defence through their respective lawyers and called two witnesses.
Adeyinka Opaleke, who was counsel to Akinwale Oluwaseun, in his submission, proved his innocence of the alleged offence.
In his judgement, 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 that 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 deterrence. He is accordingly sentenced to 10 years of imprisonment.
“The second defendant, Akinwale Oluwaseun, is discharged and acquitted of 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