The Supreme Court, in two separate judgements, affirmed the judgements of lower courts which convicted and sentenced Segun Ogunsanya and Joseph Amoshima to death.
The five judges, Justices Alooma Mariam Mukhtar, Walter Samuel, Kanu Onnoghen, Francis Fedode Tabai, John Afolabi Fabiyi and Bode-Rhodes Vivour sitting in Abuja, in a unanimous judgement in Ogunsanya’s case, upheld the decision of the lower court and said that they saw no conceivable reason to interfere with the decision and opinion of the court below.
They also averred that the appeal filed against the Appeal court by Amoshima was without merit and consequently dismissed it.
Ogunsanya, whose trial commenced in July 30,2002, was accused of robbing one Alhaji Oshikoya Yinka of N51,000 at gunpoint at Igoya- Imowo, near Ijebu- Ode, Ogun State, in the company of others said to be at large.
He was tried on a two-count charge of conspiracy and armed robbery at the Ijebu-Ode Judicial Division of the High Court which convicted and sentenced him to death.
On the other, Joseph Amoshima, Aminu Tanko and Ikechukwu Okoh were said to have robbed one Alhaji Zakari Mohammed of his video-playing machine and some amount of money on April 6, 2006 with a knife, resulting in his death in his house at Kasuwan Dutse area of Suleja, Niger State.
The accused were said to have beaten up Zakari to death during the robbery operation. One of those who beat up the deceased known as Uche, was however summarily convicted during the Niger State Chief Judge’s prison decongestion exercise.
Uche was the 4th accused person in the original charge which involved eight persons.
Four out of the eight accused were discharged and acquitted while the remaining three were ordered to defend themselves.
However, only Amoshima appealed against the conviction and death sentence handed to the three.
Amoshima’s lawyer had argued that the Niger State attorney general had no power to initiate proceedings under the Robbery and Firearms Act without the consent of the Attorney General of the Federation.
In a lead judgement delivered by Justice Onnoghen, he said, “There is no specific provision of the said Act stating that a state Attorney General cannot do so or only the AGF can do so.
“This is a very busy court whose time ought not to be toyed with or wasted on issues which do no one any good.
“Having resolved all the issues canvassed before this court against the appellant, it is obvious that the appeal is without merit and is consequently dismissed by me.
“The judgements of the lower courts are hereby affirmed.”
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