Justice Adedayo Akintoye the Lagos State High Court, Igbosere yesterday sentenced two men, Kingsley Baba and Bashiru Musa, to 21 years imprisonment each for robbery.
Justice Akintoye, who delivered judgment on virtual proceedings, found the defendants guilty of robbing their boss, Mrs Olutosin Abiola Oshinowo, at Ikoyi, Lagos.
The Lagos State Government arraigned the defendants in 2017 on a three-count charge bordering on conspiracy and armed robbery.
The duo pleaded not guilty and were remanded at a correctional centre, following which trial commenced.
Justice Akintoye held that the evidence of three prosecution witnesses established that a robbery was committed on December 8, 2015.
“The evidence before the court substantiated that a robbery took place but not armed robbery.
“In this case there was no eye witness 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 find it hard to believe that the second defendant slept all through the entire commotion, doors were broken and gun shots heard.
“The investigating police office 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,” Akintoye said.