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they once told me to not look into the eyes of a black cat they have ghosts in them
they once told me to not look into the eyes of a black cat they have ghosts in them
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Cat sentenced to death (1 Viewer)
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FOR robbing a member of his church of the sum of N22, 000 and goods valued at N8, 400, a former student of Rufus Giwa Polytechnic, Owo, Adebayo Ojo, has been sentenced to death by the Chief Judge of Ekiti State, Justice Oyebisi Omoleye.
Ojo, who is in his 20s, was accused of robbing one Mrs. Yemisi Omolade on July 12, 2003 during which he inflicted machete cuts on his victim.
The victim of the robbery incident, Mrs. Omolade told the court that on the day of the incident, she closed from her shop at about 9p.m. and headed for her house. However, as she got to the house, one man emerged from a nearby bush and dealt a machete blow on her left hand.
She said when the man who was wearing a mask was about to deal the second blow on her, she fell down and the mask also fell off his face which enabled her to recognise the accused person as Adebayo Ojo.
She claimed to have known Ojo prior to that day as they both attended the same church at Ogotun-Ekiti.
Mrs. Omolade narrated that she was able to recognise the accused with the assistance of the moon, adding that the accused took from her a bag containing N22, 000 and goods valued at N8, 400.
Thereafter, the victim, who claimed to be carrying her son on her back, said she cried for help after the accused had escaped into the night.
According to her, she along with others later reported the incident at the police station in Ogotun.
The Investigating Police Officer (IPO), Corporal Azeez Ogundeji, told the court that the accused after he was arrested wrote a confessional statement, claiming that he committed the offence.
But the accused, who in court denied committing the offence, claimed that on the day of the incident, he was in his house studying with his younger siblings. Her mother, Mrs. Grace Adebayo, who testified in his defence, also corroborated the statement of her son that she personally locked him and his younger siblings at home on the day of the incident to prevent them from going out.
But under cross-examination, Mrs. Adebayo said her son was not in Ogotun on the day of the incident but was in school at Owo, adding that she was not aware of the incident involving her son until he was arrested.
Counsel to the accused, Mr. A. Adeniyi, in his submission, said the prosecution failed to prove the case of armed robbery against his client beyond reasonable doubt because the ingredients of the offence were not proved.
Relying on the provisions of section 138(1) of the evidence act and the cases of Iko Vs the state (2000) 14 NWLR (Pt. 732) P. 221 and Michael Vs the State (2002) 1NWLR (Pt. 749) P. 600, he said the prosecution failed to prove that the accused person was actually armed with either a fire arm or an offensive weapon at the time he was alleged to have committed the offence.
For this reason, he urged the court to hold that the prosecution has failed to prove the case against the accused beyond reasonable doubt as required by law.
In his reply, the state Director of Public Prosecution, Mr. L B. Ojo, reiterated the evidence of the victim, Mrs. Yemi Omolade, regarding her alleged encounter with the accused.
He formulated three issues for determination. They are:
* whether or not there was a robbery on the day of the incident;
* whether the robbery was an armed robbery; and
* whether the robbery was committed by the accused person.
On the first issue, he referred to the testimony of the victim on how she was attacked. He equally referred to the testimony of Corporal Azeez Ogundeji on how he saw the matchet wound on the victim and the confessional statement of the accused.
Relying on the case of Bozin Vs the State (1985) 2NWLR (Pt. 8) P. 462, he urged the court to hold that there was a robbery in the case. On the second issue, he relied on the testimony of the victim and the confessional statement of the accused that a machete cut was inflicted on Mrs. Omolade during the incident.
He referred to section 15(1) of the evidence act and submitted that cutlass is an offensive weapon and that truly the offence of armed robbery was committed.
On the third issue, he said since the victim was able to recognise her attacker during the incident as a member of her church and equally mentioned his name immediately after the incident to the police, the identity of the accused was not in doubt.
He argued that the accused can be convicted solely on his confessional statement tendered as Exhibit 1.
He urged the court to hold that the prosecution has proved its case against the accused beyond reasonable doubt and sentence the accused person accordingly.
The chief judge, who upheld the argument of the prosecution on the matter, added that the prosecution was able to prove the ingredients, which constitute the offence of armed robbery against the accused person beyond reasonable doubt.
She, therefore, found the accused, Adebayo Ojo, guilty of armed robbery as charged and, therefore, sentenced him to death by hanging.
Ojo, who is in his 20s, was accused of robbing one Mrs. Yemisi Omolade on July 12, 2003 during which he inflicted machete cuts on his victim.
The victim of the robbery incident, Mrs. Omolade told the court that on the day of the incident, she closed from her shop at about 9p.m. and headed for her house. However, as she got to the house, one man emerged from a nearby bush and dealt a machete blow on her left hand.
She said when the man who was wearing a mask was about to deal the second blow on her, she fell down and the mask also fell off his face which enabled her to recognise the accused person as Adebayo Ojo.
She claimed to have known Ojo prior to that day as they both attended the same church at Ogotun-Ekiti.
Mrs. Omolade narrated that she was able to recognise the accused with the assistance of the moon, adding that the accused took from her a bag containing N22, 000 and goods valued at N8, 400.
Thereafter, the victim, who claimed to be carrying her son on her back, said she cried for help after the accused had escaped into the night.
According to her, she along with others later reported the incident at the police station in Ogotun.
The Investigating Police Officer (IPO), Corporal Azeez Ogundeji, told the court that the accused after he was arrested wrote a confessional statement, claiming that he committed the offence.
But the accused, who in court denied committing the offence, claimed that on the day of the incident, he was in his house studying with his younger siblings. Her mother, Mrs. Grace Adebayo, who testified in his defence, also corroborated the statement of her son that she personally locked him and his younger siblings at home on the day of the incident to prevent them from going out.
But under cross-examination, Mrs. Adebayo said her son was not in Ogotun on the day of the incident but was in school at Owo, adding that she was not aware of the incident involving her son until he was arrested.
Counsel to the accused, Mr. A. Adeniyi, in his submission, said the prosecution failed to prove the case of armed robbery against his client beyond reasonable doubt because the ingredients of the offence were not proved.
Relying on the provisions of section 138(1) of the evidence act and the cases of Iko Vs the state (2000) 14 NWLR (Pt. 732) P. 221 and Michael Vs the State (2002) 1NWLR (Pt. 749) P. 600, he said the prosecution failed to prove that the accused person was actually armed with either a fire arm or an offensive weapon at the time he was alleged to have committed the offence.
For this reason, he urged the court to hold that the prosecution has failed to prove the case against the accused beyond reasonable doubt as required by law.
In his reply, the state Director of Public Prosecution, Mr. L B. Ojo, reiterated the evidence of the victim, Mrs. Yemi Omolade, regarding her alleged encounter with the accused.
He formulated three issues for determination. They are:
* whether or not there was a robbery on the day of the incident;
* whether the robbery was an armed robbery; and
* whether the robbery was committed by the accused person.
On the first issue, he referred to the testimony of the victim on how she was attacked. He equally referred to the testimony of Corporal Azeez Ogundeji on how he saw the matchet wound on the victim and the confessional statement of the accused.
Relying on the case of Bozin Vs the State (1985) 2NWLR (Pt. 8) P. 462, he urged the court to hold that there was a robbery in the case. On the second issue, he relied on the testimony of the victim and the confessional statement of the accused that a machete cut was inflicted on Mrs. Omolade during the incident.
He referred to section 15(1) of the evidence act and submitted that cutlass is an offensive weapon and that truly the offence of armed robbery was committed.
On the third issue, he said since the victim was able to recognise her attacker during the incident as a member of her church and equally mentioned his name immediately after the incident to the police, the identity of the accused was not in doubt.
He argued that the accused can be convicted solely on his confessional statement tendered as Exhibit 1.
He urged the court to hold that the prosecution has proved its case against the accused beyond reasonable doubt and sentence the accused person accordingly.
The chief judge, who upheld the argument of the prosecution on the matter, added that the prosecution was able to prove the ingredients, which constitute the offence of armed robbery against the accused person beyond reasonable doubt.
She, therefore, found the accused, Adebayo Ojo, guilty of armed robbery as charged and, therefore, sentenced him to death by hanging.